Madras High CourtCRP(MD)/1615/2019dismissed as infructuous

Sabour Mytheen v. Naina Mohamed

2023-10-31Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.1615 of 2019 and C.M.P(MD) No.8480 of 2019 1.Sabour Mytheen 2.Mohamad Kasim

...Petitioners

Vs.

1.Naina Mohamad 2.Fagurudheen 3.Sheik Mohamad

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 29.03.2019 passed in I.A.No.181 of 2017 in O.S.No.357 of 2017 on the file of the Subordinate Court, Aranthangi, and allow this Civil Revision Petition.

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For Petitioners : Mr.K.P.Sankarakumarakuruparan For Respondents : Unserved - for R1 to R3

O R D E R

This Civil Revision Petition is filed against the order 29.03.2019 passed in I.A.No.181 of 2017 in O.S.No.357 of 2017 on the file of the Subordinate Court, Aranthangi.

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.357 of 2017 on the file of the Subordinate Court, Aranthangi, is dismissed for default, by its decree and judgment, dated 22.01.2020.

3. In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, 2/4

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 To The Subordinate Judge, Subordinate Court, Aranthangi.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.1615 of 2019 31.10.2023 4/4