The Madras High Court dismissed a Civil Revision Petition filed under Article 226 challenging an interim order as moot, since the underlying suit was already disposed of in 2017, preceding the revision petition filed in 2013.
Civil Revision Petition dismissed; no costs; connected Miscellaneous Petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP.PD.No.1438 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2019
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
CRP.PD.No.1438 of 2013
and
MP.Nos.1 of 2013 and 1 of 2014
G.Udayabanu ... Petitioner
vs.
1.T.Madupriya
2.K.Thangavelu ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal orders dated 09.10.2012 in IA.No.792 of 2012 in OS.No.435 of 2009 on the file of the I Additional Subordinate Judge, Coimbatore.
For Petitioner : Mr.Siddharth Govind
For Respondent : Mr.K.Selvakumar
for Mr.P.Veena Suresh
for R2
No appearance for R1
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CRP.PD.No.1438 of 2013
O R D E R
T he Registry was directed to ascertain whether the suit in OS.No.435 of 2009 is still pending on the file of the I Additional Subordinate Court, Coimbatore. Accordingly, a communication was sent by the Registry to the learned Principal Subordinate Judge, Coimbatore and the learned Judge in response sent a letter dated 16.08.2019, to the Registry stating that the suit in OS.No.435 of 2009 on the file of the I Additional Subordinate Court, Coimbatore was disposed of on 14.06.2017.
2. The present Civil Revision Petition is filed against the orders passed in IA.No.792 of 2012 in OS.No.435 of 2009 on the file of the I Additional Subordinate Court, Coimbatore. Since, the suit itself is disposed in the year 2017, nothing survives for further adjudication in the present
Civil Revision Petition.
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CRP.PD.No.1438 of 2013
3. In the facts and circumstances, the Civil Revision Petition is
dismissed. No costs. Consequently, the connected Miscellaneous Petitions
are closed.
20.08.2019
mbi
Index : Yes/No
To
The I Additional Subordinate Judge,
Coimbatore.
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CRP.PD.No.1438 of 2013
R.HEMALATHA, J.
mbi
CRP.PD.No.1438 of 2013
and
MP.Nos.1 of 2013 and 1 of 2014
20.08.2019
4/4
1 issue framed by the court
Whether a Civil Revision Petition filed against an interim application order survives where the underlying main suit is already disposed of.
G.Udayabanu
T.Madupriya
K.Thangavelu
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
