Madras High CourtCRP(MD)/1231/2018dismissed as infructuous

K.V.Lakshmi Ammal v. Arulmigu Thiruppanrankundram

2022-02-17Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.1231 of 2018 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No.1231 of 2018 and CMP(MD).No.5222 of 2018 1.K.V. Lakshmiammal K.K.Viswanathan (died) 2.Ramesh 3.Suresh 4.Ananthi 5.Santhi 6.Rani : Petitioners/ Petitioners 1,3 to 7/ Petitioners 1,3 to 7 Vs Arulmigu Thirupparankundaram Subramaniyaswamy Thirukoil Devasthanam rep. by its Executive Officer, Thirupparankundram, Madurai - 625 005.

: Respondent/ Respondent/ Defendant PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and executable order dated 21.03.2018 passed in I.A.No.3 of 2017 in O.S.No.1 of 2017 by the Subordinate Court, Thirumangalam (I.A.No.289 of 2016 in O.S.No.135 of 2007 on the file of the II Additional Subordinate Court, Madurai) For petitioners : Mr. T.R. Jeyapalam For respondent : Mr. S. Manohar

ORDER

This Civil Revision Petition is filed by the revision petitioners / plaintiffs to set aside the order dated 21.03.2018 passed in I.A.No.3 of 2017 in O.S.No.1 of 2017 on the file of the Subordinate Court, Thirumangalam.

2. The said Interlocutory Application filed by the revision petitioners / plaintiffs to withdraw the suit in O.S.No.1 of 2017 with liberty to file a fresh suit and the same was dismissed by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.1231 of 2018 and learned Subordinate Judge, Thirumangalam. Against which the present revision is filed.

3. The learned counsel appearing for the revision petitioners would submit that subsequent to the filing of the revision, on 24.11.2021 the suit was withdrawn and the fresh suit filed on different cause of action in O.S.No.417 of 2021 on the file of the IV Additional District Judge, Madurai, which is also pending. Hence, nothing survives for adjudication in this revision.

4. In view of the said submission, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(writs) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) trp To 1 The IV Additional District Judge, Madurai.

2 The Subordinate Court, Thirumangalam +1 CC to M/s.S.MANOHAR, Advocate ( SR-7186[F] dated 18/02/2022 ) C.R.P(MD).No.1231 of 2018 and CMP(MD).No.5222 of 2018 17.02.2022 MK/25.02.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2