Madras High CourtCRP(MD)/247/2017dismissed as infructuous

Subba Somu, v. S.A.Sunderrajan(Soundararajan,

2022-01-27Honourable Ms. Justice P.T. Asha2 pages

C.R.P.(PD) (MD) No.247 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2022

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(PD) (MD) No.247 of 2017 and C.M.P.(MD) Nos.1137 & 1239 of 2017 Subba Somu .. Petitioner -vsS.A.Sunderrajan .. Respondent [Cause title amended vide order dated 19.04.2017 in CMP(MD) No.3476 of 2017 in CRP(PD)(MD) No.247 of 2017] Prayer :- Petition filed under Article 227 of the Constitution of India to call for the records relating to the fair and decretal order dated 11.01.2017 made in I.A.No.325 of 2016 in I.A.No.213/2016 in O.S.No.139 of 2014 on the file of the Principal District Judge, Trichy and set aside the same.

For Petitioner :

Mr.C.Jeganathan for Veera Associates For Respondent :

Mr.Raguvaran Gopalan for Mr.K.Prabhakar ******

ORDER

This Civil Revision Petition is field challenging the order dated 11.01.2017, passed in I.A.No.325 of 2016 in I.A.No.213 of 2016 in O.S.No.139 of 2014 by the learned Principal District Judge, Trichy, which is an application filed by the respondent herein for sending for the documents from the Sub Registrar's Office, Woraiyur to show his presence before the Sub Registrar's Office on 15.12.2016.

2.The learned counsel for the respondent would submit that although, the application was ordered in favour of the respondent, he has now filed a first appeal in A.S.No.25 of 2018 before the Division Bench challenging the very decree, as he is no longer willing to proceed with the execution of the Sale Deed considering the fact that the plaintiff has not come forward to appear before https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD) (MD) No.247 of 2017 the Sub Registrar for execution. Therefore, nothing would survive for consideration in this petition.

3.In the light of the above, this Civil Revision Petition is dismissed as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) abr Note:- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The Principal District Judge, Trichy.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-2764[F] dated 28/01/2022 ) C.R.P.(PD) (MD) No.247 of 2017 Dated: 27.01.2022 ma(CO) TR(09.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2