Latha Lingam, v. Madasamy,S/O.Palavesakannu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and CMP(MD)No.9292 of 2018 1.Latha Lingam 2.Adhul L.Nirmal ... Petitioners Vs.

1.Madasamy 2.Jeyasingh 3.Narayanan 4.Muthulakshmi 5.Thirupparkadal 6.Alwar ... Respondents Prayer: Civil Revision Petition filed under Article227 of Constitution of India, to set aside the order passed in I.A.No.267 of 2018 in O.S.No.62 of 2013 dated 04.07.2018 on the file of the Sub-Court, Valliyoor. 1/4

For Petitioners : Mr.H.Arumugam For Respondents : Mr.S.Abuthahir for R1, R3, R4 & R5 : No appearance for R2 & R6

ORDER

This Civil Revision Petition has been filed against the dismissal order passed in I.A.No.267 of 2018 in O.S.No.62 of 2013 dated 04.07.2018 on the file of the Sub Court, Valliyoor.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioners would submit that the suit in O.S.No.62 of 2013 was dismissed for default on 11.10.2022, and an application for restoration of the suit is pending before the trial Court.

3. Since the suit itself was dismissed for default before the trial Court, nothing survives for adjudication in this matter. By taking note of the above submission, the present Civil Revision Petition stands dismissed. However, as requested by the learned counsel for the petitioner, liberty is granted to the petitioner to file an application for restoration of this Civil 2/4

Revision Petition, in the event of suit in O.S.No.62 of 2012 is restored before the trial Court. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

19.07.2023 NCC : Yes/No Index :Yes/No sbn To 1.The Sub Court, Valliyoor.

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

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C.KUMARAPPAN , J.

sbn and CMP(MD)No.9292 of 2018 19.07.2023 4/4