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Madras High CourtCRP(MD)/2724/2018dismissed as infructuous

Jeya Alias Jeyakumar v. Gandhimathi

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.2724 of 2018 and C.M.P. (MD) No.11913 of 2018 Jaya @ Jayakumari

...Petitioner

Vs.

1.Gandhimathi 2.R.Muthuramalingam 3.P.Jayalashmi 4.Mohanavalli 5.R.Viswanathan

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 25.07.2018 passed in I.A.No.26 of 2018 in O.S.No.132 of 2015 on 1/5

the file of the II Additional District and Sessions Judge, Thanjavur, and allow this Civil Revision Petition.

For Petitioner : Mr.J.Anandkumar For Respondents : Mr.P.Arun Jayatram - for RR4 & 5 No Appearance - for R1 & R2 Batta due - for R3

O R D E R

This Civil Revision Petition is filed against the order dated 25.07.2018 passed in I.A.No.26 of 2018 in O.S.No.132 of 2015 on the file of the II Additional District and Sessions Judge, Thanjavur.

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.132 of 2015 on the file of the II Additional 2/5

District and Sessions Court, Thanjavur, is dismissed for default, by its order, dated 15.02.2023.

3. In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, 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 3/5

To The II Additional District and Sessions Judge, II Additional District and Sessions Court, Thanjavur.

4/5

BATTU DEVANAND, J.

RM C.R.P(MD) No.2724 of 2018 31.10.2023 5/5