Civil revision petition dismissed as infructuous because the underlying suit was dismissed for default and no application to restore it has been filed, with liberty to seek review or recall.
The Civil Revision Petition is dismissed as infructuous.
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C.R.P.(PD)(MD).No.1047 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR
C.R.P.(PD)(MD).No.1047 of 2012 and M.P.(MD).No.1 of 2012
1.Karnamaharajan (Died)
5.K.Kayalvizhi
.. Petitioners/Respondent/2nd Defendant
(Petitioners 2 to 5 were impleaded as the legal representative of deceased sole petitioner vide Court order, dated 20.10.2016 in C.M.P.(MD).No.9559/2016)
Vs.
Kalaiyarasi .. Respondent/Petitioner/
Plaintiff
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in I.A.No.81 of 2011 in O.S.No.101 of 2010 on the file of the Sub Court, Sivakasi, dated 23.12.2011.
For Petitioners : Mr.M.P.Senthil
For Respondents : Mr.S.Sathish Kumar
ORDER
The learned counsel for the petitioners states that the revision petition has become infructuous as the suit itself was dismissed for default on 10.12.2018. The learned counsel further states that he has instructions to report that till date no application is filed to restore the suit on file. Hence, the learned counsel for the petitioners states that the Civil Revision Petition may be dismissed as infructuous with liberty to the petitioners to seek Review or Recall of this order, in case the suit is restored on file later.
2.Recording the statement of learned counsel for the petitioners, this Civil Revision Petition is dismissed as https://hcservices.ecourts.gov.in/hcservices/
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C.R.P.(PD)(MD).No.1047 of 2012
infructuous with liberty to the petitioners to seek Review or Recall of this order, in case the suit is restored on file in future. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar (CS-II)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
TM To 1.The Sub Judge, Sivakasi. 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-11189[F] dated 11/03/2020 ) C.R.P.(PD)(MD).No.1047 of 2012 10.03.2020
AP(18.03.2020) 2P 5C
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Seethalakshmi
Ramesh Babu
K. Thenmozhi
K. Kayalvizhi
Kalaiyarasi
S.S. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
