Madras High CourtCRP(MD)/2118/2017dismissed as infructuous

Prabhakar v. Vallinayagam Pillai

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.2118 of 2017 and C.M.P(MD) Nos.10535 & 10536 of 2017 1.Prabhakar 2.Krishnakumari

...Petitioners

Vs.

1.Vallinayagam Pillai 2.The Sub Registrar, Sub Registrar Office, Theni, Theni District.

3.The Tahsildar, Taluk Office, Theni District.

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4.The District Collector, Collectorate Office, Theni, Theni District.

5.Thirumaran 6.Prabhu Krishnan 7.Murugan 8.Indira

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 01.09.2017 passed in I.A.No.475 of 2016 in O.S.No.34 of 2014 on the file of the District Munsif Court, Theni, and allow this Civil Revision Petition.

For Petitioner : Mr.R.Devaraj For Respondent : Mr.A.Kannan - for RR2 to 4 Additional Government Pleader No Appearance - for RR1, 7 & 8 Unserved - for RR5 & 6 2/6

O R D E R

This Civil Revision Petition is filed against the order dated 01.09.2017 passed in I.A.No.475 of 2016 in O.S.No.34 of 2014 on the file of the District Munsif Court, Theni.

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.34 of 2014 on the file of the District Munsif Court, Theni, is dismissed for default, by its decree and judgment, dated 02.12.2020.

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.

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

5. No costs.

6. Consequently, connected Civil Miscellaneous Petitions are closed.

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

To 1.The District Munsif, District Munsif Court, Theni.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.2118 of 2017 31.10.2023 6/6