The Madras High Court dismissed a civil revision petition because the underlying suit was disposed of and the petitioner died in 2017, rendering the revision abated and infructuous.
Civil revision petition dismissed as abated and infructuous due to death of petitioner and disposal of underlying suit.
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C.R.P.(PD)(MD).No.1349 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR
C.R.P.(PD)(MD).No.1349 of 2011
Dakshinamoorthy .. Petitioner/Petitioner/Plaintiff
Vs.
Paneer Selvam .. Respondent/Respondent/Defendant
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order passed in I.A.No.488 of 2007 in O.S.No.162 of 2006, dated 14.07.2008 on the file of the District Munsif Court, Pattukottai.
For Petitioner : Mr.T.S.Mohamed Mohideen For Respondent : Mr.S.Deenadayalan
ORDER
This civil revision petition is preferred by the plaintiff in the suit in O.S.No.162 of 2006 on the file of the District Munsif Court, Pattukottai.
2.The revision petitioner filed I.A.No.488 of 2007 in O.S.No.162 of 2006 for amendment of plaint. The lower Court dismissed the petition for amendment and hence the above civil revision petition is filed by the plaintiff.
3.It is submitted by the learned counsel appearing for the petitioner that the suit itself is now disposed of. He further submitted that the petitioner is also no more and he died in the year 2017. Hence, the revision petition is abated and liable to be dismissed as the prayer sought for in this civil revision petition has became infructuous.
4.In view of the submission made by the learned counsel appearing for the petitioner, this civil revision petition is dismissed in view of abatement and for the reason it has become infructuous. No costs.
Sd/-
Assistant Registrar(CS-II)
/TRUE COPY/
Sub Assistant Registrar
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C.R.P.(PD)(MD).No.1349 of 2011
To
1.The District Munsif, Pattukottai.
2.The Section Officer,
V.R.Section, Madurai Bench of Madras High Court,
Madurai. (2 Copies)
+1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-81541[F] dated 14/08/2019 )
C.R.P.(PD)(MD).No.1349 of 2011
tm JM/03.09.2019/2P/5C
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Dakshinamoorthy
Paneer Selvam
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
