Order dismissing a civil revision petition as infructuous on the admitted ground that the petitioner had failed to appeal or revise against the dismissal of their earlier exparte set aside petition before the trial court.
Petition dismissed as infructuous; no costs awarded; connected miscellaneous petition closed.
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C.R.P(MD)(PD)No.2580 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.04.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
C.R.P(MD) No.2580 of 2017 and C.M.P.(MD)No.11949 of 2017
Nageshwari ... Petitioner/Respondent/Defendant
Vs.
Ashok Chellappan Pillai ... Respondent/Petitioner/Plaintiff
Prayer: Civil Revision Petitions filed under Section 115 of C.P.C., to set aside the order made in E.P.No.2 of 2016 in O.S.No.80 of 2014 on the file of the Subordinate Judge, Padmanabhapuram, dated 27.10.2017 and to allow this Civil Revision Petition.
For Petitioner : Mr.C.Sankar Prakash For Respondent : Mr.A.Balakrishnan ***
ORDER
This Civil Revision Petition is filed to set aside the order made in E.P.No.2 of 2016 in O.S.No.80 of 2014 on the file of the Subordinate Judge, Padmanabhapuram, dated 27.10.2017.
2.On the side of the respondent, it is stated that this petition was filed against the order passed in E.P.No.2 of 2016 in O.S.No.80 of 2014. The contention of the revision petitioner is that the E.P. was based on an exparte decree and that the revision petitioner has approached the lower Court by way of an exparte set aside petition, but, that petition in I.A.No.724 of 2017 was dismissed by the trial Court, on 12.02.2018 and that there was no appeal or revision against that order and prayed the revision petition to be dismissed.
3.On the side of the revision petitioner, it is admitted that the exparte set aside petition filed by the revision petitioner before the trial Court was dismissed and that there was no revision or appeal filed against that order, dated 12.02.2018, in I.A.No.724 of 2017.
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C.R.P(MD)(PD)No.2580 of 2017
4.In view of the above submissions, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CO)
// True Copy //
/ /2021
Sub Assistant Registrar(CS)
Ls
To
1.The Subordinate Judge, Padmanabhapuram.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.(2 copies)
+1 CC to M/s.T.ARUL, Advocate ( SR-15914[F] dated 15/04/2021 )
+1 CC to M/s.A.BALA KRISHNAN, Advocate ( SR-16148[F] dated 17/04/2021 )
C.R.P(MD)No.2580 of 2017
15.04.2021
TR(29.04.2021) 2P 6C
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1 provisions across 1 enactments
Nageshwari
Ashok Chellappan Pillai
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
