Madras High CourtCRP(MD)/2259/2018dismissed as infructuous

Thamirabarani Spun Pipes v. D.Mansingh

2023-10-31Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.2259 of 2018 and C.M.P. (MD) No.10140 of 2018 Thamirabarani Spun Pipes Company, Gangaikondan, Through its Partner S. Jeyaraj, S/o. Subbu Kalai Chettiar, Door No.178, Nehru Street, Jaihindpuram, Madurai - 11.

...Petitioner

Vs.

1. D.Mansingh

2. Paul alias Kannaiah

3. S.Subramanian

4. Packiam 1/6

5. Kumar

6. Durairaj

7. Gananamani

8. Daniel Suresh

9. Anthony

10. Vijayavalli ....Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order dated 05.04.2017 passed in I.A.No.251 of 2017 in O.S.No.336 of 2008 by the I Additional District Munsif Court, Tirunelveli, and allow this Civil Revision Petition.

For Petitioner : Mr.R.Narayanamoorthy For Respondents : Mr.T.Selvam - for R2 No Appearance - for RR1, 4 to 6 & 10 Service awaited - for RR3, 7 to 9 2/6

O R D E R

This Civil Revision Petition is filed against the order dated 05.04.2017 passed in I.A.No.251 of 2017 in O.S.No.336 of 2008 by the I Additional District Munsif Court, Tirunelveli.

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.336 of 2008 by the I Additional District Munsif Court, Tirunelveli, is dismissed by its decree and judgment, dated 21.01.2021.

3. In view of the above, as already the suit itself is dismissed, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition. 3/6

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

5. No costs.

6. Consequently, connected Civil Miscellaneous Petition is closed.

31.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 4/6

To The I Additional District Munsif, I Additional District Munsif Court, Tirunelveli.

5/6

BATTU DEVANAND, J.

RM C.R.P(MD) No.2259 of 2018 31.10.2023 6/6