Madras High CourtCRP(MD)/1368/2014dismissed as infructuous

P. Palanisamy v. K.P. Kandasamy

2020-09-25Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2020

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM C.R.P. (PD) (MD)No.1368 of 2014 and M.P.(MD)No.1 of 2014 P.Palanisamy ... Petitioner/Respondent/Defendant Vs K.P.Kandasamy ... Respondent/Petitioner/Plaintiff PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decretal order dated 07.04.2014 in I.A.No.57 of 2014 in O.S.No.7 of 2014 on the file of the Principal District Judge, Karur.

For Petitioner : No Appearance For Respondent : Mr.P.Thiagarajan

ORDER

This Civil Revision Petition has been filed by the respondent/defendant against the order passed in I.A.No.57 of 2014 in O.S.No.7 of 2014 on the file of the learned Principal District Judge, Karur, dated 07.04.2014.

2. The respondent herein has filed a suit in O.S.No.7 of 2014 on the file of the learned Principal District Judge, Karur, for recovery of Rs.33,13,750/- with interest based on the promissory note, said to have been executed by the petitioner herein. He also filed an application under Order 38 Rule 5 & Section 151 of CPC in IA.No.57 of 2014, seeking attachment before judgment. The learned Principal District Judge, Karur, by the order dated 07.04.2014, has allowed the said application and ordered for the attachment of the immovable property, belonging to the petitioner herein. Aggrieved by the same, the respondent/defendant has filed the present Civil Revision Petition.

3. The learned counsel for the petitioner was not connected through video conference. The learned counsel for the respondent herein/plaintiff has submitted that during pendency of this Civil Revision Petition, the suit was disposed of on 22.10.2018 as "settled out of Court" and hence, nothing survives for further adjudication in this petition. He undertakes to send a memo through E-mail to that effect.

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4. Recording the aforesaid submissions, this Civil Revision

Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) dss Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but,. ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. To The Principal District Judge, Karur.

C.R.P. (PD) (MD)No.1368 of 2014 and M.P.(MD)No.1 of 2014 25.09.2020 AL(CO) KB(05.10.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/