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Madras High CourtCRP(MD)/505/2018dismissed as infructuous

S.P.Raja, S/O.B.Shanmuga v. Mary Sarojini Ambrose,

2024-01-08Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.2189 of 2018 S.P.Raja ... Petitioner Vs.

1. Mary Sarojini Ambrose

2. Bapu Dharmaseelan Packinathan

3. Jesubatham Manuvel Packianathan

4. Samuel Indhira Packianathan ... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 23.11.2017 passed in I.A.No.153 of 2017 in I.A.No.599 of 2015 in O.S.No.72 of 2008 on the file of the Additional Subordinate Judge, Tirunelveli.

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For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : No appearance

ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.153 of 2017 in I.A.No.599 of 2015 in O.S.No.72 of 2008 dated 23.11.2017 on the file of the Additional Subordinate Court, Tirunelveli, dismissing the application filed under Order 1 Rule 10(2) C.P.C.

2. It is seen from the records that during the pendency of the final decree application in I.A.No.599 of 2015, the revision petitioner/3rd party has filed the above application in I.A.No.153 of 2017 to implead him as third respondent/third defendant in the final decree proceedings. The learned Additional Subordinate Judge, after enquiry, has passed the impugned order, dismissing the application. Aggrieved by the dismissal of the application for impleadment, the present revision came to be filed.

3. When the matter is taken up for hearing today, the learned counsel appearing for the revision petitioner would submit that the final 2/4

decree application in I.A.No.599 of 2015 was already disposed of on 10.03.2020 and as such, nothing survives for further adjudication.

4. Recording the submission made by the learned counsel appearing for the revision petitioner, this Civil Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs.

08.01.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Additional Subordinate Court, Tirunelveli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.2189 of 2018 Dated : 08.01.2024 4/4