Lakshmanan Chettiyar, v. Ramanathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.739 of 2018 and C.M.P(MD) No.3209 of 2018 Lakshmanan Chettiyar

...Petitioner

Vs.

1.Ramanathan 2.Arunachalam 3.Shanthi 4.Palaniappan @ Kalai 5.Muthukaruppan Chettiar

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 04.09.2017 passed in I.A.No.314 of 2017 in O.S.No.78 of 2016 on 1/5

the file of the Subordinate Court, Devakottai, Sivagangai District, and allow this Civil Revision Petition.

For Petitioner : Mr.J.Anandkumar For Respondents : Mr.R.Sundar Srinivasan-for RR1 to 3 No Appearance - for R4 & R5

O R D E R

This Civil Revision Petition is filed against the order dated 04.09.2017 passed in I.A.No.314 of 2017 in O.S.No.78 of 2016 on the file of the Subordinate Court, Devakottai, Sivagangai District.

2. This Court called for the report from the concerned Principal District Judge, by order dated 19.10.2023 with regard to the status of the suit in the trial Court. Accordingly, the concerned Principal District Judge, has sent a report wherein, it is stated that the suit in O.S.No.78 of 2016 on the file of the Subordinate Court, Devakottai, Sivagangai District, is dismissed for default, by its order, dated 25.09.2023.

2/5

3. In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.

4. Accordingly, this Civil Revision Petition is dismissed as infructuous.

5. No costs.

6. Consequently, connected Civil Miscellaneous Petition is closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 3/5

To The Subordinate Judge, Subordinate Court, Devakottai, Sivagangai District, 4/5

BATTU DEVANAND, J.

RM C.R.P(MD) No.739 of 2018 31.10.2023 5/5