The High Court of Madras dismissed a Civil Revision Petition filed under Article 227 of the Constitution as infructuous. Both sides agreed that the plaintiff in the underlying suit had died, causing the suit to abate, leaving no live matter for revision.
Civil Revision Petition dismissed as infructuous; connected Miscellaneous Petition closed. No costs.
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.(PD)No.1911 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(PD)No.1911 of 2015 and M.P.No.1 of 2015
1.A.Karuppusamy
2.A.Masanan .. Petitioners
Vs.
1.N.Nithiyanandam 2.Sumathi
3.Bama 4.Minor D.Kishore Kumar (Minor represented by guardian Bama, 3rd respondent)
5.Karuppayammal
6.A.Angamuthu
7.M.Maheswari .. Respondents
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C.R.P.(PD)No.1911 of 2015
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 09.12.2014 made in I.A.No.1149 of 2014 in O.S.No.27 of 2010 on the file of the III Additional Sub Court, Coimbatore.
For Petitioners : M/s.A.Kundavai for Mr.C.R.Prasanan For RR1 to 3, 5 and 6 : No appearance For R4 to R7 : Mr.A.E.Ravi Chandran
ORDER
(The matter is heard through “Video conferencing”)
Today, when the matter is taken up for hearing, both the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents 4 to 7 submitted that the plaintiff died, suit in O.S.No.27 of 2010 has been abated and nothing survives in the Civil Revision Petition.
2.Recording the above submissions, the Civil Revision Petition is
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C.R.P.(PD)No.1911 of 2015
dismissed as infructuous. No costs. Consequently, connected
Miscellaneous Petition is closed.
21.01.2022
jas/kj
To
III Additional Subordinate Judge
Coimbatore.
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C.R.P.(PD)No.1911 of 2015
V.M.VELUMANI, J.
kj
C.R.P.(PD)No.1911 of 2015
and M.P.No.1 of 2015
21.01.2022
4/4
1 issue framed by the court
Whether the death of the plaintiff abate the suit and renders the civil revision petition infructuous.
2 provisions across 1 enactments
A.Karuppusamy
A.Masanan
N.Nithiyanandam
Sumathi
Bama
Minor D.Kishore Kumar
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
