The High Court of Judicature at Madras dismissed a civil revision petition as infructuous because the main suit had been disposed of and the petition failed to meet registry requirements regarding the deceased respondent's legal heirs.
The Civil Revision Petition was dismissed as infructuous and no costs were awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.02.2020
CORAM :
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CRP.(PD).No.4292 of 2011 Rt.Rev.Dr.V.Devasahayam, The Bishop in Madras, No.226, Cathedral Road, Chennai – 86. ... Petitioner/3rd Respondent/ 3rd Defendant Versus 1.G.Albert Jeyaraj ...Respondent/Petitioner/Plaintiff 2.The Moderator, The Church of South India, No.5, Whites Road, Royapettah, Chennai – 600 014. 3.The Synod, Church of South India, Rep.by its General Secretary, CSI Centre, No.5, Whites Road, Royapettah, Chennai – 600 014. ... Respondent/Respondent/Defendant ***(CRP stands dismissed as against R1 and R3 vide order of Court dated 29/08/2019) Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 02.11.2011 passed in I.A.No.17611 in O.S.No.8165 of 2011 on the file of the learned XVI Assistant City Civil Court, Chennai.
For petitioner : Mr.Abdul Hameed
For Respondents: R1 & R3 Dismissed vide order dt.29.08.2019 : No Appearance – R2
ORDER
The above said Civil Revision Petition has already been dismissed as against the first and third respondents by an order dated 29.08.2019 for non-compliance of the requirements of the Registry viz., Batta. With regard to the second respondent, no steps have been taken to bring on record of the legal heirs of the deceased second respondent.
2.It is represented by the learned counsel for the petitioner that the main suit in O.S.No.8165 of 2011 has already been disposed of and he further stated that the present prayer in the Civil Revision Petition filed as against the order passed in I.A.No.17611 of 2011 in O.S.No.8165 of 2011 has become infructuous.
3.Recording the above submission made by the learned counsel for the petitioner, the Civil Revision Petition is dismissed as having become infructuous. No costs.
Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar klt To
The XVI Assistant City Civil Court, Chennai.
Copy to The Section Officer, VR Section, High Court, Chennai-104. CRP.(PD).No.4292 of 2011 pvs[co] srg 15/04/2020
1 issue framed by the court
Whether a civil revision petition becomes infructuous upon the disposal of the main suit and non-compliance with registry requirements.
Rt.Rev.Dr.V.Devasahayam
G.Albert Jeyaraj
The Moderator, The Church of South India
The Synod, Church of South India
RMT Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
