G.Kamal Kanna, v. The Court Of Ld. District

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.13261 of 2017 G.Kamal Kanna .. Petitioner Vs.

1.The Court of Ld. District Munsif-cum- Judicial Magistrate, Vilathikulam, Tuticorin District-628 907.

2.K.Arjunan @ Senthil Sivasubramania Nattathi Pethanal Boopathy 3.Senthil Kumari @ Senthil Karthikeyan 4.Rajalakshmi .. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus to i) quash the impugned order of return dated 24.07.2017 passed by the first respondent and ii) restrain the first respondent from returning any application or suit in piecemeal manner, iii) direct the first respondent to take the impugned interlocutory application on file, grant interim injunction against the second, third and fourth respondents as prayed for in the said application

and iv) to dispose O.S.No.35 of 2017 on the file of the first respondent on merits within a reasonable period of time. For Petitioner :

Mr.S.Jeevagan For R2 to R4 :

Ms.M.D.Devisaravana Priya

ORDER

Learned counsel for the petitioner would submit that even though the writ petition has been filed seeking for a direction to number the interlocutory application in the suit, pending the writ petition, the suit itself has been withdrawn by the petitioner and therefore, he would submit that the present writ petition has become infructuous.

2. Recording the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

15.11.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To The Court of Ld. District Munsif-cum- Judicial Magistrate, Vilathikulam, Tuticorin District-628 907.

K.KUMARESH BABU, J.

abr Dated: 15.11.2024