B.Suruliappan v. G.Arokiasami

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2019 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.2120 of 2011 (PD) and M.P.(MD)No.1 of 2011 B.Suruliappan .. Petitioner / Petitioner / Proposed 2nd Defendant -Vs1.G.Arokiasami .. 1st Respondent / 1st Respondent / Plaintiff 2.M.Muthuraj .. 2nd Respondent / 2nd Respondent / Defendant PRAYER: Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 18.07.2011, passed in I.A.No.275 of 2010 in O.S.No.94 of 2010 by the Sub-Court, Uthamapalayam.

For petitioner : Mr.R.Nireshkumar For 1st respondent : Mr.K.Govindarajan For 2nd respondent : Mr.R.T.Arivu Kumar

ORDER

When the matter came up for hearing today, it is represented by the learned counsel for both sides that the suit itself dismissed for default on 06.04.2018 and the petition for restoration is still pending before the Court below. The fact remains that as on date, the suit is not pending on the file of the Court below and hence, the relief sought for in this petition has become infructuous. In view of the above, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (P&A) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Subordinate Judge, Uthamapalayam.

2.The Record Keeper,( 2 Copies) V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1CC TO Mr.K.Govindarajan, Advocate, SR No.57122 C.R.P.(MD)No.2120 of 2011 (PD) and M.P.(MD)No.1 of 2011 25.03.2019 gcg MS/25.04.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/