Madras High CourtCRP(MD)/2702/2018dismissed as infructuous

M.Abdul Salam, v. B.B.Sahul Hameed,

2023-10-31Honourable Mr. Justice Battu Devanand5 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.2702 of 2018 and C.M.P. (MD) No.11935 of 2018 M. Abdul Salam

...Petitioner

Vs.

1. B.B. Sahul Hameed

2. Mariyam Beevi

3. Mohammed Ismail Abdul Kadar (died) Ismail Moideen (died)

4. Sahul Hammed

5. Mohammed Ismail

6. Dhivan Meeral

7. Nabishaal 1/5

8. Shajihan

9. Rahamathulla

10. Sherif

11. Sheeba

12. S. Abdul Kadar ....Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order dated 08.11.2018 passed in I.A.No.626 of 2018 in O.S.No.637 of 2006 on the file of the Additional District Munsif Court, Tenkasi, and allow this Civil Revision Petition.

For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.M.P.Senthil - for RR 2 & 3 Mr.S.Vankadesh - for R12 No Appearance - for RR1, 3, 5 & 6 Dismissed - for RR4, 7 to 9 Exoneration memo filed-for RR10 & 11 2/5

O R D E R

This Civil Revision Petition is filed against the order dated 08.11.2018 passed in I.A.No.626 of 2018 in O.S.No.637 of 2006 on the file of the Additional District Munsif Court, Tenkasi.

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.637 of 2006 on the file of the Additional District Munsif Court, Tenkasi, is dismissed by its decree and judgment, dated 08.01.2019.

3. In view of the above, as already the suit itself is dismissed, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition. 3/5

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 Additional District Munsif, Additional District Munsif Court, Tenkasi.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.2702 of 2018 31.10.2023 5/5