Dismissed

Aravindan v. Ramalinga Mudaliar

Madras HC10 Jan 2022CRP/1483/2015

Case brief

AI extract

What is this about?

The Court dismissed a Civil Revision Petition under Article 226 of the Constitution as infructuous because the underlying suit, which the impugned order sought to transfer for joint trial, had been dismissed for default, rendering the revision without substance.

What did the court decide?

Petitioner's Civil Revision Petition dismissed as infructuous; Connected Miscellaneous Petitions closed.

Aravindan Vs Ramalinga Mudaliar — Civil Procedure and Limitation | Madras HC (2022)

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C.R.P.(PD).No.1483 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.01.2022

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CORAM:

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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C.R.P.(PD)No.1483 of 2015 and M.P.No.1 of 2015 and C.M.p.No.7110 of 2016

Aravindan

.. Petitioner

Vs.

1.Ramalinga Mudaliar

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2.Kanthan

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3.Natarajan Mudaliar

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4.Gnanaprakasam

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5.Selvaraj .. Respondents

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Prayer : Civil Revision Petition filed under Article 227 of the Constitution

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of India, to set aside the fair and decreetal order dated 12.01.2015 made

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in Tr.O.P.No.128 of 2014 on the file of the Principal District Court,

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Villupuram.

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For Petitioners : Mr.M.Venkadeshan

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For Respondents : Mr.Anish Gopi (For R3 to R5) for M/s.P.B.Ramanujam

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1/4

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

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O R D E R

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C.R.P.(PD).No.1483 of 2015

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(The matter is heard through 'video conferencing')

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The present Civil Revision Petition is filed challenging the order dated 12.01.2015, passed in Tr.O.P.No.128 of 2014, filed by the petitioner under Section 24 of C.P.C., for transfer of suit in O.S.No.48 of 2009 pending on the file of the Additional District Munsif Court, Tindivanam and O.S.No.148 of 2012 pending on the file of the Principal District Munsif Court, Tindivanam to be tried along with O.S.No.187 of 2012, partly allowing Transfer O.P., transferring O.S.No.48 of 2009 pending on the file of the Additional District Munsif, Tindivanam to the file of the Principal District Munsif, Tindivanam, to be tried along with O.S.No.148 of 2012 for the purpose of joint trial and directing the learned Subordinate Judge, Tindivanam to dispose O.S.No.187 of 2012 to be tried separately before the same Court.

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2.When the Civil Revision Petition is taken up for hearing, the learned counsel appearing for the respondents 3 to 5 submitted that the

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2/4

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

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C.R.P.(PD).No.1483 of 2015

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suit in O.S.No.187 of 2012 was dismissed for default on 26.10.2021 and the same is not pending before the Principal Sub Court, Tindivanam and the Civil Revision Petition has become infructuous. The learned counsel appearing for the petitioner has not denied the said contention.

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3.In view of the above submission, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

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10.01.2022

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Index :: Yes/No gsa To

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The Principal District Judge, Villupuram.

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3/4

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

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C.R.P.(PD).No.1483 of 2015

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V.M.VELUMANI, J.

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gsa

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C.R.P.(PD)No.1483 of 2015

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10.01.2022

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4/4

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

Aravindan v. Ramalinga Mudaliar

Case brief

What is this about?

What did the court decide?

Aravindan v. Ramalinga Mudaliar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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