Madras High CourtCRP(MD)/2344/2019disposed of

P.Dhanalakshmi v. S.Perumal

2022-08-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.12360 of 2019 P.Dhanalakshmi : Petitioner Vs.

1.S.Perumal 2.The Tahsildar, Taluk Office, Ottapidaram.

3.The State of Tamil Nadu, Through the District Collector, Tuticorin District, Tuticorin.

4.Arulmigu Sri Ujjayini Makali Amman Tirukovil, Rep. through its Darmakartha, Aadhanur Road, Epothum Vendran Village, Ottapidaram Taluk, Tuticorin District.

: Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the fair and decreetal order dated 1/4

24.09.2019 passed by the learned District Munsif, Kovilpatti, in I.A.No.194 of 2019 in O.S.No.30 of 2014 and set aside the same. For Petitioner : Mr.H.Arumugam For Respondents : Mr.C.Selvakumar for R.1 Mr.G.V.Vairam Santhosh, Additional Government Pleader for R.2, R.3 Mr.S.Muthumalai Raja for R.4 *****

ORDER

This revision petition is filed as against the order passed by the learned District Munsif, Kovilpatti, in I.A.No.194 of 2019 in O.S.No.30 of 2014, dated 24.09.2019, in and by which, the petitioner's plea to appoint an Advocate Commissioner was rejected.

2.When the matter came up for hearing today, learned Counsel for the petitioner submitted that the suit itself has been disposed of on 12.04.2022 and therefore, nothing survives for further adjudication in this revision. However, he sought for liberty to agitate his claim for appointment of Advocate Commissioner before the appellate forum.

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3.In view of the subsequent development, this civil revision petition stands disposed of, with liberty to the petitioner to agitate her claim by filing appropriate application before the appellate Court, for the relief sought for in this revision petition, if so advised. If any such application is filed, the appellate Court shall consider the same, uninfluenced by the findings of the trial Court or of this Court. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 22.08.2022 Internet : Yes gk To 1.The District Munsif, Kovilpatti.

2.The Tahsildar, Taluk Office, Ottapidaram.

3.The District Collector, State of Tamil Nadu, Tuticorin District, Tuticorin.

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B.PUGALENDHI, J.

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