Civil revision petition dismissed for infructuity as underlying suit was abandoned. Bench held matter fell into abeyance due to death of parties and lack of prosecution.
Revision petition dismissed as infructuous; no costs.
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C.R.P.(MD)No.2029 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2021 CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P.(PD)(MD)No.2029 of 2009
1.M.Subramanian Chettiar (Died)
2.M.S.Chandrasekar
3.Sumathi
: Petitioners/Respondents/ Petitioners/Plaintiffs
Vs.
1.R.Durairaj
2.Kalimuthu
: Respondents/Appellants/
3.K.Jeyakamatchi : Respondents/Appellants/ Respondents/Defendants
(P2 and P3 were brought on record as legal representatives of the deceased first petitioner vide order of this Court, dated 22.01.2021 made in M.P.(MD)Nos.1 to 3 of 2011)
PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order passed by the Additional District Sessions Court (Fast Tract Court No.1), Tiruchirapalli, made in C.M.A.No.18 of 2003, dated 28.11.2008 reversing the order of the Subordinate Court, Tiruchirapalli, made in I.A.No.151 of 1997 in O.S.No.223 of 1996, dated 09.01.2003.
For Petitioners :Mrs.J.Mariaroseline For Respondents :Mr.T.V.Sivakumar
ORDER
The learned Counsel on either side would submit that the revision petition itself has become infructuous, since the suit in O.S.No.223 of 1996 is no longer pending and the same has not been prosecuted. It is also stated that some of the parties have died and steps have not been taken. Hence, the revision petition is dismissed for having become infructuous. No costs.
// True Copy //
cmr
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C.R.P.(MD)No.2029 of 2009
To
1.The Additional District Sessions Court
(Fast Tract Court No.1), Tiruchirapalli.
2.The Sub Court, Tiruchirapalli.
C.R.P.(MD)No.2029 of 2009
02.02.2021
VB (16.02.2021) 2P 6C
2/2
S.M. Chandrasekar
Sumathi
R. Durairaj
Kalimuthu
K. Jeyakamatchi
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
