Maria Grace, v. Selvi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CMP(MD)No.11125 of 2022 Maria Grace Through her Power Agent, Mariakani ... Petitioner/Petitioner/Appellant vs.

Selvi ... Respondent/Respondent/Respondent Prayer:- Civil Revision Petition filed under Section 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.3 of 2022 in A.S.No.99 of 2019 on the file of the Principal Sub Court, Tirunelveli, dated 08.09.2022. For Petitioner : Mr.T.Selvan For Respondent : Mr.S.Mani

ORDER

The Civil Revision Petition is filed as against the fair and decreetal order passed in I.A.No.3 of 2022 in A.S.No.99 of 2019 on the file of the Principal Sub Court, Tirunelveli, dated 08.09.2022. 1/4

2.The learned counsel appearing for the respondent submits that as on date, A.S.No.99 of 2019 was dismissed for default. 3.Eventhough the learned counsel for the petitioner submits that he will verify whether any application for restoring is filed or not, the learned counsel for the respondent submits that no copies have been served on the respondent so far.

4.In that view of the matter, since the appeal suit in A.S.No. 99 of 2019 is not on file as on date, nothing further survives to be decided in this petition and as such, the Civil Revision Petition is dismissed as having become infructuous. If the appeal suit in A.S.No. 99 of 2019 is restored, thereafter, the petitioner would be at liberty to move before this Court. No costs. Consequently, connected miscellaneous petition is closed.

15.07.2024 NCC : Yes / No 2/4

sji To The Principal Sub Court, Tirunelveli.

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D.BHARATHA CHAKRAVARTHY, J.

sji C.R.P.(PD)(MD)No.2307 of 2022 15.07.2024 4/4