Madras High CourtCRP(MD)/2370/2019dismissed as infructuous

Jayamary v. Joseph Acharyam

2023-10-31Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P(MD) No.2370 of 2019 and C.M.P. (MD) No.12503 of 2019 Jayamary

...Petitioner

Vs.

1.Joseph Acharyam 2.Savariammal Therace Ammal (Late) 3.Arulananth 4.Alponsa Samy Kannu (Late) Thaines Ammal (Late) 5.Manickam Marimuthu (Late) Anthony Samy (Late) 6.Rosali 1/6

7.Marthal 8.Leema 9.Arockiyasamy 10.Sebastiammal 11.Annammal @ Rajathi 12.Savariammal 13.Arockia Jacquline 14.Arockia Jasmine 15.Arockia Justine 16.Arockia Sagaya Rita 17.Martin Jose (minor) 18.Allwinson (Minor)

...Respondents

(The respondents 12 to 18 are set ex-parte before the lower Court and hence, notice to the respondents 12 to 18 may be dispensed with.) PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the Civil Revision Petition by setting aside the fair and decreetal order dated 21.10.2019 passed in I.A.No. 08 of 2019 in O.S.No.64 of 2010 on the file of the District Munsif Court, Devakottai.

2/6

For Petitioner : Mr.J.Anandkumar For Respondents : Mr.A.Murali Kumar - for RR1, 2, 4, 6, 8 to 11 No Appearance - for R5 Unserved - for RR3 & 7 Ex parte - for RR12 to 18

O R D E R

This Civil Revision Petition is filed against the order dated 21.10.2019 passed in I.A.No.08 of 2019 in O.S.No.64 of 2010 on the file of the District Munsif Court, Devakottai.

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.64 of 2010 on the file of the District Munsif Court, Devakottai, is dismissed for default, by its order, dated 3/6

09.12.2022.

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 4/6

To The District Munsif District Munsif Court, Devakottai, 5/6

BATTU DEVANAND, J.

RM C.R.P(MD) No.2370 of 2019 31.10.2023 6/6