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Madras High CourtCRP(MD)/896/2018dismissed as infructuous

Santhosamary v. Mariyasoosai

2024-02-26Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.3968 of 2018 Santhosamary : Petitioner/Petitioner 1st Defendant Vs.

1.Mariyasoosai : 1st Respondent/1st Respondent/ Plaintiff 2.Thairiyarayar 3.Bangiyaraj 4.Stellabesi 5.Edward Arulraj 6.Belicks Gnanaraj 7.The Tahsildar, Tahsildar Office, Manachanallur Taluk, 1/4

8.The Revenue Divisional Officer, Revenue Divisional Office, Lalgudi, Trichy District.

9.The District Collector, Collector Office, : Respondents/Respondents/ Defendants 2 to 9 Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair order and decreetal order, dated 09.03.2018 passed in I.A.No.116 of 2018 in O.S.No.369 of 2010 on the file of the learned District Munsif Court, Lalgudi, Trichy District. For Petitioner : Mr.S.Karthik For Respondents : Mr.J.Ashok, Additional Government Pleader, for R7 & R8.

: No Appearance, for R1.

ORDER

The Civil Revision Petition is directed against the order, dated 09.03.2018 passed in I.A.No.116 of 2018 in O.S.No.369 of 2010 on the file of the learned District Munsif Court, Lalgudi, Trichy District, dismissing the petition filed under Order VIII Rule 9 of C.P.C, seeking orders to receive the written statement with counter claim. 2/4

2. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that subsequent to the dismissal of the petition in I.A.No.116 of 2018, the petitioner has filed the present revision challenging the same, that subsequently, the petitioner has filed a fresh suit and the same is pending and that therefore, nothing survives for further adjudication in this petition.

3. Recording the submission made by the learned counsel for the petitioner, the Civil Revision is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed. 26.02.2024 NCC :yes/No Index :yes/No Internet:yes/No das To 1.The District Munsif Court, Lalgudi, 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

das Order made in and C.M.P.(MD)No.3968 of 2018 Dated : 26.02.2024 4/4