Madras High CourtCRP(MD)/1632/2014dismissed as infructuous

Bevin v. Meenakshi Sundaram

2023-04-25Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Bevin ... Petitioner Vs.

1.Meenakshi Sundaram 2.Uma Maheswari Viswanathan (Died) 3.V.Balasubramanian 4.V.Lakshmi Narayanan 5.V.Sathyasaimathi K.R.Manickavasagam (Died) Srinivasan (Died) 6.Azhaguraman 7.M.Chandran 8.M.Muthu 9.Balakrishnan 10.Jeyachandran 11.Anandakumar 12.Kannan 13.Sornavalli ... Respondents 1/4

(Respondents 4 to 6 were impleaded as legal heirs of deceased third respondent vide order dated 01.10.2010) PRAYER : Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to call for the records relating to the impugned fair and decreetal order dated 14.02.2014 made in E.A.SR.No.5097 of 2014 in E.P.No.62 of 2008 against I.A.No.527 of 2001 in O.S.No.83 of 2000 on the file of the Sub Court, Devakottai.

For Petitioner : No appearance For R-1 : Mr.S.Poornachandran for M/s.K.M.Senthil Vinayagam For R-2 : Mr.R.Sundar Srinivasan For R-3 to R-13 : No appearance

ORDER

When the case was came up for hearing on 28.02.2023 and 03.03.2023, the learned Counsel for the petitioner sought time. However, on 03.03.2023, it is seen that the learned Counsel for the petitioner has filed a memo dated 27.02.2023, stating that the revision petitioner had already received the case bundle from his office for effecting the change of vakalath. As a result of which, the name of the petitioner is also printed in the cause list by the Registry.

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2. Today when the case is called up for hearing, the learned Counsel for the petitioner did not turn up. However, on perusal of the letter of the learned Subordinate Judge, (FAC), Devakottai, Sivagangai District dated 20.02.2023 would reveal that final decree came to be passed in I.A.No.527 of 2001 in O.S.No.83 of 2000 as early as on 31.03.2005 and the said suit was also closed on the same day itself. E.P.No.62 of 2008 on the file of the Sub Court, Devakottai was also terminated on 07.06.2012.

3. Recording the same, this Civil Revision Petition stands dismissed as infructuous. There shall be no order as to costs. 25.04.2023 NCC : Yes Index : Yes Internet : Yes BTR 3/4

L.VICTORIA GOWRI, J.

BTR To 1.The Sub Court, Devakottai.

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

Order made in 25.04.2023 4/4