The Madurai Bench held that as the application to punish the petitioner for disobeying an injunction was closed, the petition for appointment of an advocate commissioner became infructuous and dismissed the civil revision.
Civil Revision Petition dismissed as infructuous and closing the connected miscellaneous petition.
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.
C.R.P(NPD)(MD)No.1922 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2020 CORAM THE HON'BLE MR.JUSTICE S.S.SUNDAR C.R.P(NPD)(MD)No.1922 of 2012 and M.P.(MD)No.1 of 2012
Balasubramanian : Petitioner/Respondent/Respondent/Defendant
.. Vs ..
Sundararajan : Respondent/Petitioner/Petitioner/Plaintiff
PRAYER: Civil Revision Petition is filed under Section 151 of Civil Procedure Code, praying to set aside the fair and decretal order passed in E.A.No.96 of 2011 in E.P.No.8 of 2011 in O.S.No.316 of 2003, dated 20.06.2012 on the file of the Principal District Munsif, Ambasamudram.
For Petitioner : Mr.J.Ashok For Respondent : Mr.S.Deenadayalan
ORDER
Leaned Counsel appearing for the respondent states that the petition filed by the respondent under Order 21, Rule 32 C.P.C. to punish the petitioner for willful disobedience of the order of injunction granted by the Court is closed. Since the main application is closed, the petition filed for appointment of Advocate Commissioner serves no purpose and hence, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.
/ /2020 Sub Assistant Registrar(CS)
SRM To
The Principal District Munsif, Ambasamudram.
COPY TO: The Section Officer, ( 2 copies)
VR Section,Madurai Bench of Madras High Court, Madurai.
1/1
1 issue framed by the court
Whether the civil revision petition is maintainable when the underlying application to assign cost for willful disobedience of injunction is closed.
2 provisions across 1 enactments
Balasubramanian
Sundararajan
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court