Madras High CourtCRP(MD)/735/2018dismissed as withdrawal

Gopal v. P. Perumal

2023-06-09Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI and CMP(MD)No.3191 of 2018 1.Gopal 2.G.Kaleeswari 3.G.Saravanan ... Petitioners/Defendants Vs.

1.P.Perumal 2.Shanthi ... Respondents/Plaintiffs PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set-aside the petition and order dated 13.03.2018 passed in I.A.No.147 of 2018 in O.S.No.40 of 2018 on the file of the District Munsif Court, Vadipatti, Madurai District, by allowing this Revision Petition. For petitioner : Mr.V.Balaji

ORDER

Today (09.06.2023), when the matter is taken up for hearing it is represented by the learned counsel for the revision petitioners that the main suit in O.S.No.40 of 2018 on the file of the District Munsif Court, Vadipatti, 1/4

Madurai District, has been 'dismissed for default' on 01.12.2022 and hence, the prayer sought for in this petition has become infructuous. He had also made an endorsement to that effect.

2.The learned counsel for the petitioners seeks liberty to file a petition to restore the Civil Revision Petition before this Court in the event of the suit in O.S.No.40 of 2018 being restored before the Court below. 3.In view of the same, the Civil Revision Petition stands dismissed as infructuous. No costs. However, liberty is granted to the petitioners to file a petition to restore the Civil Revision Petition before this Court in the event, if the suit in O.S.No.40 of 2018 being restored before the lower Court. Consequently, connected miscellaneous petition is closed. 09.06.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss 2/4

To 1.The District Munsif Court, Vadipatti, Madurai District.

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI,J.

dss and CMP(MD)No.3191 of 2018 09.06.2023 4/4