High Court dismissed a civil revision petition as infructuous because the underlying appeal in the subordinate court had been dismissed. The petitioner was directed to revive the revision if the appeal is restored.
Civil Revision Petition dismissed as infructuous with liberty to revive if the underlying appeal is restored to file.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2019
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
C.R.P.No.2777 of 2012 and M.P.No.1 of 2012
1.Narayana Mooper
2.Sekar
3.Valli ... Petitioners/Appellants
Vs.
1.Kannan Mooper
2.Thirumalai ... Respondents/Respondents
Petition filed under Article 227 of the Constitution of
India against the fair and decreetal order of the Subordinate
Court, Kallakurichi dated 06.03.2012 in I.A.No.116 of 2011 in
A.S.No.65 of 2010.
For Petitioners : Mr.P.Valliappan
For Respondents : Mr.S.Ramajayam (R1)
R2 – no appearance
O R D E R
Challenging the fair and final order passed in I.A.No.116 of 2011 in A.S.No.65 of 2010 on the file of the Subordinate Court, Kallakurichi, the appellants have filed the above Civil Revision Petition.
2.When the Civil Revision Petition was taken up for hearing, the learned counsel appearing for the 1st respondent submitted that the appeal in A.S.No.65 of 2010 on the file of the Subordinate Court, Kallakurichi itself was dismissed on 28.11.2019. The learned counsel also produced a certified copies of the judgment and decree in A.S.No.65 of 2010.
3.In view of the submission made by the learned counsel for the 1st respondent, the Civil Revision Petition is dismissed as
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infructuous. In the event of the First Appeal being restored to file, the petitioner is at liberty to take necessary steps for reviving the Civil Revision Petition. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
The Subordinate Judge,
Kallakurichi.
+1 cc to M/s.P.Valliappan,Advocate Sr.No.89889
+1 cc to M/s.S.Ramajayam, Advocate Sr.No.88968
AKM/29.11.19/2P-4C /
C.R.P.No.2777 of 2012
and M.P.No.1 of 2012
Narayana Mooper
Sekar
Valli
Kannan Mooper
Thirumalai
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
