Madras High CourtCRP(MD)/481/2014dismissed as infructuous

A.Soundaram v. A.Thavamani

2020-08-14Honourable Mr Justice P. Rajamanickam2 pages

C.R.P.(PD)(MD)No.481 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 14.08.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM C.R.P.(PD)(MD)No.481 of 2014 and M.P(MD)No.1 of 2014 A.Soundaram ... Petitioner Vs.

1.A.Thavamani 2.A.Amala Dhanaseeli 3.A.Amutha Mary 4.A.Jeya 5.S.Sivaprakash ... Respondents Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 12.08.2013 passed in I.A.No.501 of 2012 in O.S.No.345 of 2007 on the file of the First Additional Subordinate Judge, Madurai, by allowing this Civil Revision Petition and to grant such further or other orders as may deem fit and proper in the circumstances of the case.

For Petitioner : Ms.Jessy Jeeva Priya for Mr.G.Aravinthan For R1 : Mr.PT.S.Narendravasan For R4 : No Appearance For R5 : Mr.AL.Vijay Devaraj

O R D E R

This Civil Revision Petition has been filed by the plaintiff against the dismissal of the application filed under Rule 76 (1) of Civil Rules of Practice and Section 151 of Civil Procedure Code, to direct the first defendant to produce the original settlement deeds, dated 05.05.2003, 23/03/2003 and 07/08/2003. The learned trial judge, by the order, dated 12.08.2013 has dismissed the said petition. Aggrieved by the same, the plaintiff has filed this present Civil Revision Petition.

2.When this petition came up for hearing on 27.07.2020, the learned counsel for the first respondent has submitted that during pendency of this Civil Revision Petition, the suit itself was disposed of on 06.12.2019 and hence, this Civil Revision Petition has become infructuous. At that time, the learned counsel for the petitioner requested to post the matter to someother day to enable him to get instructions. Hence, the case was adjourned and taken up for hearing on 31.07.2020. At that time also, the learned counsel for the petitioner made a request to give some more time for getting https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD)(MD)No.481 of 2014 instructions. Hence, this Court directed the Registry to call for report from the trial Court as to whether the said suit is still pending or not.

3.In pursuance of the said order, the Registry has called for a report from the trial Court. The trial Court by the letter, dated 12.08.2020, D.No.1117 of 2020 has stated that the suit in O.S.No.345 of 2007 was disposed of on 06.12.2019.

4.Recording the said fact, the Civil Revision Petition is dismissed as infructous. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd To

1. The I Additional Subordinate Court, Madurai.

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

+1 CC to M/s.PT.S. NARENDRAVASAN, Advocate ( SR-14283[F] dated 18/08/2020 ) +2 CC to M/s.AL. VIJAY DEVRAJ, Advocate ( SR-14156[F] dated 17/08/2020 ) +1 CC to M/s.S. SUBBIAH, Advocate ( SR-14336[F] dated 18/08/2020 ) 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. C.R.P.(PD)(MD)No.481 of 2014 and M.P(MD)No.1 of 2014 14.08.2020 KB(27.08.2020) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2