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Madras High CourtCRP(MD)/1273/2018dismissed

P. Kannan v. K. Thamilarasi

2023-07-18Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2023

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.5362 of 2018 P.Kannan

...Petitioner/Petitioner/

Petitioner Vs.

K.Thamilarasi

...Respondent/Respondent/

Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to modify the order passed in the fair and decreetal order dated 19.04.2018 made in I.A.No.56 of 2018 in R.C.A.No.3 of 2017 on the file of the learned Principal Sub Judge, Karur. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.M.P.Senthil

ORDER

This civil revision petition has been filed against the order passed by the learned Principal Sub Judge, Karur in I.A.No.56 of 2018 in R.C.A.No.3 of 2017, dated 19.04.2018.

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2. The petitioner herein has filed an application before the Trial Court. It appears that the respondent herein has given a power of attorney in favour of one Nalla Nayagam. The petitioner herein apprehended that the respondent, namely, K.Thamilarasi was not at all alive. Therefore, for proper adjudication of the matter, he filed an application for the appearance of the landlord. The same was objected on the ground that the very application has been filed to prolong the litigation.

3. However, the learned Trial Judge after gone into the merits of the case and also the certificate given by the Malaysian Government as to the presence of the K.Thamilarasi, has allowed the application with a direction to the petitioner to pay Rs.40,000/- (Rupees Forty Thousand only) towards the travel expenses of K.Thamilarasi.

4. Aggrieved with the order, the petitioner has come up with the instant civil revision petition.

5. At this juncture, the leaned counsel for the respondent has submitted the status report of the e-Courts, wherein, the very same R.C.A has been dismissed as abated.

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6. Therefore, nothing survives in this matter. Hence, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

18.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The learned Principal Sub Judge, Karur.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.KUMARAPPAN ,J.

SN 18.07.2023 4/4