Madras High CourtCMP(MD)/8395/2016closed

S.Ramarajan v. S.Sylajan

2020-12-21Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty First day of December Two Thousand and Twenty PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.8395 and 8396 of 2016 IN CRP(MD) No.1015 of 2016 S.Ramarajan : Petitioner/1st Respondent in both cases Vs.

1.S.Sylajan : 1st Respondent/Petitioner in both cases 2.S.Krishnakumar : 2nd Respondent/2nd Respondent in both cases Prayer in CMP(MD)No.8395 of 2016:

Civil Miscellaneous Petition is filed Under Section 5 of the Limitation Act, praying this Court to condone the delay of 79 days in filing the present CRP(MD)No.1015 of 2016. Prayer in CMP(MD)No.8396 of 2016:

Civil Miscellaneous Petition is filed Under Section 151 of Civil Procedure Code, praying this Court to recall the order made in CRP(MD)NO.1015 of 2016, dated 29.04.2016.

Prayer in CRP(MD)NO.1015 of 2016:

Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the District Judge, Kanniyakumari District at Nagercoil, to take on file the unnumbered I.A., filed in S.R.No.1462 of 2016 dated 18.03.2016 in M.H.O.P.No.298 of 2015 and number it and dispose of the same within the time frame fixed by this Court.

ORDER:

Civil Miscellaneous Petitions are coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.Guhan, Advocate for the Petitioner, this Court made the following order:- CMP(MD) No. 8395 of 2016 has been filed to condone the delay of 79 days in filing the present CRP(MD) No.1015 of 2016. CMP(MD) No.8396 of 2016 has been filed to recall the order passed in CRP(MD) No. 1015 of 2016, dated 29.04.2016 and rehear the same.

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2. Today, when these matters are taken up for hearing, the learned counsel appearing for the petitioner would submit that the MHOP was disposed by the Court below and against the MHOP order, CMA is pending before this Court and hence, the prayer sought for in these Civil Miscellaneous Petitions are infructuous.

2. In view of the aforesaid submission, these Civil Miscellaneous Petitions are dismissed as infructuous. Sd/- Assistant Registrar (C.O) // True Copy // / /2021 Sub Assistant Registrar(CS) To The District Judge, Kanniyakumari District at Nagercoil.

ORDER DATED: 21.12.2020

ORDER

CMP(MD) No.8395 and 8396 of 2016 IN CRP(MD) No.1015 of 2016 Giving direction and etc., as stated within.

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