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Madras High CourtCRP(MD)/2421/2015dismissed as infructuous

M. Jawahar v. P. Sivakumar

2020-12-14Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD) No. 2421 of 2015 (NPD) and M.P. (MD) No. 1 of 2015

1. M. Jawahar

2. M. Abdul Mallick

3. Mohamed Mustaak ... Petitioners/Respondents/D-1 to D-3 vs.

1. P. Sivakumar

...Respondent/Petitioner/Plaintiff

2.T. Sekar

...Respondent/Respondent/4th Defendant

PRAYER : Petition filed under Section 115 of C.P.C. against the Fair and Decreetal Order, dated 09.09.2015 passed in I.A. No. 394 of 2015 in O.S. No. 139 of 2015 on the file fo the Principal District Munsif Court at Tiruchirappalli in allowing the I.A. for appointment of an Advocate Commissioner to inspect the suit property with the assistance of Surveyor.

For Petitioners : Mr. V.R. Venkatesan For Respondents : No appearance

ORDER

By order, dated 11.12.2020, this Court called for a report from the learned Principal District Munsif, Tiruchirappalli. The learned Principal District Munsif, Tiruchirappalli has submitted report and stated that the suit in O.S. No. 139 of 2015 was dismissed for plaintiff's default on 11.04.2018.

2. In view of the same, the prayer sought for by the revision petitioners has become infructuous. Hence, the Civil Revision Petition is dismissed as infructuous with liberty to file a revision petition for Commission petition , if required. No Costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CS-III) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ / /2021 Sub Assistant Registrar(CS)

ksa 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.

To

1. The Principal District Munsif, Tiruchirappalli.

2. The Section Officer,(2 copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr. V.R. Venkatesan, Advocate Sr.No.25824 Order made in C.R.P.(MD) No. 2421 of 2015 (NPD) 14.12.2020 VB (07.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/