J.Justin Jebakumar v. Mary Christinal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.655 of 2017 and C.M.P. (MD) No.296 of 2017

1. J. Justin Jebakumar

2. J. Vijin Jebakumar

3. J. Berjin Jebakumar

...Petitioners

Vs.

1. Mary Christinal

2. J. Stalin Jebakumar

3. The State of Tamilnadu, Rep. by the District Collector, Kanyakumari District, Nagercoil. .......Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike of the plaint filed in O.S.No.178 of 1/5

2016 on the file of the District Munsif Court, Padmanabhapuram. For Petitioner : Mr.S.Rajasekar For Respondents : Mr. C. Kishore for R1 Mr. A. Kannan - for R3 Additional Government Pleader

O R D E R

This Civil Revision Petition is filed to strike of the plaint filed in O.S.No.178 of 2016 on the file of the District Munsif Court, Padmanabhapuram.

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.178 of 2016 on the file of the District Munsif, Padmanabhapuram, is dismissed for default, by its order, dated 09.04.2021.

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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.

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 3/5

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

2.The District Collector, State of Tamilnadu, Kanyakumari District, Nagercoil.

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BATTU DEVANAND, J.

RM C.R.P(MD) No.655 of 2017 31.10.2023 5/5