V.Soman Servai v. K.Saraswathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.2464 of 2018 and C.M.P(MD) Nos.10992 of 2018, 11685 to 11687 of 2019 1.V.Soman Servai 2.Marimuthu

...Petitioners

Vs.

1.K.Saraswathi 2.K.Muthu 3.K.Venkatachalam

...Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 09.08.2018 passed in I.A.No.179 of 2018 in O.S.No.284 of 2018 on the file of the District Munsif cum Judicial Magistrate Court, Alangudi, and allow this Civil Revision Petition. For Petitioners : Ms.R.Karthika For Respondents : Mr.RMS.Sethuraman -for R1 No Appearance - for R3 Expired - for R2

O R D E R

This Civil Revision Petition is filed against the order dated 09.08.2018 passed in I.A.No.179 of 2018 in O.S.No.284 of 2018 on the file of the District Munsif cum Judicial Magistrate Court, Alangudi.

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2. This Court called for the report from the concerned Principal District Judge, by order dated 19.10.2023 with regard to the status of the suit in the trial Court. Accordingly, the concerned Principal District Judge, has sent a report wherein, it is stated that the suit in O.S.No.284 of 2018 on the file of the District Munsif cum Judicial Magistrate Court, Alangudi, is dismissed for default, by its decree and judgment, dated 20.06.2023.

3. In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.

4. Accordingly, this Civil Revision Petition is dismissed as infructuous.

5. No costs.

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6. Consequently, connected Civil Miscellaneous Petitions are closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To The District Munsif cum Judicial Magistrate District Munsif cum Judicial Magistrate Court, Alangudi.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.2464 of 2018 31.10.2023 5/5