Dismissed

Uma Kirubakaran v. Sriramulu Pillai (Died)

Madras HC27 Jul 2021CRP/2448/2018

Case brief

AI extract

What is this about?

Civil Revision Petition filed against a decretal order in a partition suit. The court dismissed the petition as nothing survived for adjudication because the main suit was disposed of after the revision was filed while an appeal on merits remained pending.

What did the court decide?

Civil Revision Petition dismissed with no impediment to appellate court disposing of the appeal on merits.

Uma Kirubakaran Vs Sriramulu Pillai (Died) — Civil Procedure and Limitation | Madras HC (2021)

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CRP.PD.No.2448 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.07.2021

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CORAM

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THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRP.PD.No.2448 of 2018 and CMP.No.15008 of 2018

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1.Uma Kirubakaran
2.B.Kirubakaran
3.K.Aishwarya Devi
Rep. by General Power of Attorney
B.Kirubakaran ..Petitioners
Vs.
Sriramulu Pillai(died)
1.V.Vijayakumari
2.P.Amul
3.P.Prakash
4.P.Gunasekaran
5.P.Ravathy
Seeyalam Pillai(died)
6.Kanniammal
7.Desammal
8.Susilaammal
9.Jayanthi
Dhanam(died)
Juli(died)
10.Elumalai
(set exparte on 15.11.2017 in lower court)
11.Chinnaponnu
(set exparte on 15.11.2017 in lower court)
12.Rani
(set exparte on 15.11.2017 in lower court)
13.Raji
(set exparte on 15.11.2017 in lower court)
14.Selvam
(set exparte on 15.11.2017 in lower court)
15.Sankar
(set exparte on 15.11.2017 in lower court)

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1/6

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.2448 of 2018

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Srinivasan(died) 16.Elumalai (set exparte on 15.11.2017 in lower court) 17.Hemavathi @ Kotti (set exparte on 15.11.2017 in lower court) 18.Minor Sasi (set exparte on 15.11.2017 in lower court) 19.Minor Anitha (set exparte on 15.11.2017 in lower court) 20.Bhaskar 21.Indira @ Reeta 22.Ramesh 23.Valliammal (set exparte on 15.11.2017 in lower court) 24.Jamuna (set exparte on 15.11.2017 in lower court) 25.Selvi ..Respondents

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PRAYER:

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The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decretal order dated 20.06.2018 passed in IA.No.663 of 2017 in OS.No.978 of 1997 on the file of the District Munsif, Thiruvottiyur.

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For Petitioners : Mr.J.R.K.Bhavanantham

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For Respondents For R1 to 5 : Mr.R.Krishnaswamy

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For R8 & 9 : Mr.S.Thiruvengadam

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For R6,7,10 to 19, 23,24,20 to 22,25 : No appearance

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.2448 of 2018

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ORDER

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This Civil Revision Petition is filed against the fair and decretal order dated 20.06.2018 passed in IA.No.663 of 2017 in OS.No.978 of 1997 on the file of the District Munsif, Thiruvottiyur.

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The petitioners filed petition to implead themselves as party to

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the suit filed by the respondents 1 to 5. The same was dismissed and aggrieved by the same, the petitioners filed the present civil revision petition.

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The learned counsel for the petitioners would submit that

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while pending the civil revision petition, the main suit itself was disposed of on 02.03.2019. Aggrieved by the same, the plaintiffs also preferred appeal suit in AS.No.26 of 2020 on the file of the Sub Court, Ponneri and it is pending.

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Therefore, nothing survives in the present civil revision petition for further adjudication. Accordingly, this civil revision petition is dismissed. It is made clear that the dismissal of the civil revision petition is not an impediment for the appellate court to dispose of the

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.2448 of 2018

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appeal on merits and in accordance with law. Consequently, connected

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miscellaneous petition is closed. No order as to costs.

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27.07.2021

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Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.2448 of 2018

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To
The District Munsif,
Thiruvottiyur.

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https://www.mhc.tn.gov.in/judis/

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5/6

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CRP.PD.No.2448 of 2018

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G.K.ILANTHIRAIYAN,J.

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lok

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CRP.PD.No.2448 of 2018
27.07.2021

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https://www.mhc.tn.gov.in/judis/

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Uma Kirubakaran v. Sriramulu Pillai (Died)

Case brief

What is this about?

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Uma Kirubakaran v. Sriramulu Pillai (Died)

Case brief

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