Madras High CourtCRP(MD)/2116/2019dismissed as infructuous

P.Mani v. Rajathi

2023-10-31Honourable Mr. Justice Battu Devanand4 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.2116 of 2019 and C.M.P(MD) No.11030 of 2019 P.Mani

...Petitioner

Vs.

Rajathi

...Respondent

PRAYER: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order dated 02.08.2019 passed in I.A.No.129 of 2018 in O.S.No.110 of 2014 on the file of the Principal Subordinate Court, Madurai, and allow this Revision Petition.

For Petitioner : Mr.N.Chandran For Respondent : Mr.D.Balamuruga Pandi 1/4

O R D E R

This Civil Revision Petition is filed against the order dated 02.08.2019 passed in I.A.No.129 of 2018 in O.S.No.110 of 2014 on the file of the Principal Subordinate Court, Madurai.

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 final decree in I.A.No.837 of 2015 is dismissed not pressed by its order, dated 18.08.2021. Based on the final decree, the suit in O.S.No.110 of 2014 on the file of the Principal Subordinate Court, Madurai, is also closed.

3. In view of the above, as already the suit itself is closed, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition. 2/4

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 To 1.The Principal Subordinate Judge, Principal Subordinate Court, Madurai.

BATTU DEVANAND, J.

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RM C.R.P(MD) No.2116 of 2019 31.10.2023 4/4