Madras High CourtCRP(MD)/2373/2018dismissed as abated

Ganesan @ Ganeshwar, v. Seventhallingam,

2024-01-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)Nos.10610 and 10691 of 2018 Ganesan @ Ganeshwar ... Petitioner in both petitions Vs.

Seventhallingam ... Respondent in both petitions Common Prayer : These Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order in I.A.Nos.462 and 463 of 2016 in O.S.Nos.1778 of 2012 and 2340 of 2004 dated 06.03.2017 on the file of the III Additional District Munsif, Trichy, Trichy District and allow these Civil Revision Petitions. 1/4

(in both petitions) For Petitioner : Mr.R.Sundar For Respondent : No appearance COMMON ORDER These Civil Revision Petitions are directed against the orders passed in I.A.Nos.462 and 463 of 2016 in O.S.Nos.1778 of 2012 and 2340 of 2004 dated 06.03.2017 on the file of the III Additional District Munsif, Court, Tiruchirappalli, dismissing the applications one for amendment of plaint and the other one to reopen the case.

2. It is seen from the records that the sole respondent died on 27.03.2017 and that thereafter, the revision petitioner has filed petitions to condone the delay in filing the petition for setting aside the abatement, to set aside the abatement caused due to the death of the respondent and to bring on record the legal heirs of the deceased respondent in both the revisions and the said petitions were dismissed for non-prosecution. 2/4

3. Since the sole respondent died and the steps were already dismissed, the present revisions have to be dismissed as abated. Accordingly, these Civil Revision Petitions are dismissed as abated. Consequently, connected Miscellaneous Petitions are closed. No costs. 05.01.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The III Additional District Munsif, Court, Tiruchirappalli.

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

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K.MURALI SHANKAR ,J.

csm and C.M.P.(MD)Nos.10610 and 10691 of 2018 Dated : 05.01.2024 4/4