Balachandran Nair v. Kamalakshi Amma

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI C.R.P(MD) No.65 of 2017 Balachandran Nair

...Petitioner / Petitioner / Plaintiff

Vs.

1.Kamalakshi Amma 2.Chandrasekharan Nair 3.Vijaya Kumaran Nair 4.Vimala Devi 5.Ragini Devi 6.Meenambika Devi 7.Vijayalakshmi 8.Sugathan 9.Vijayan @ Krishnan

...Respondents / Respondents / Defendants

PRAYER : This Civil Revision Petition is filed under Section 115 of C.P.C against the petition and docket order made in E.P. No.25 of 2014 in O.S. No.550 of 2004 on the file of District Munsif Court, Kuzhithurai, dated 23.04.2016 and allow the Civil Revision Petition.

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For Petitioner : Mr.V.M.Balamohan Thambi For Respondents : No appearance O RDER The learned counsel for the petitioner submits that the present Civil Revision Petition has been preferred against the dismissal of E.P.No.25 of 2014 in O.S. No.550 of 2004 on the file of District Munsif Court, Kuzhithurai, which was filed pursuant to an application under Order XXI Rule 97 C.P.C and Section 151 C.P.C being allowed. The learned counsel further states that as against the said order passed in an application filed under Order XXI Rule 97 C.P.C and Section 151 C.P.C, the petitioner has preferred a Civil Miscellaneous Appeal. The said Civil Miscellaneous Appeal came to be dismissed for default. In view of the said fact, nothing survives for consideration in the present Civil Revision Petition.

2. The said statement of the learned counsel for the petitioner is recorded.

3. Recording the said submission, this Civil Revision Petition is dismissed as infrucutous. No costs.

Speaking : Yes / No 03.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No CM 2/4

To 1.The District Munsif Court, Kuzhithurai.

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

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P.B.BALAJI. J.

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