The Civil Appellate Jurisdiction dismissed a Civil Miscellaneous Petition seeking restoration of a Revenue Petition. The court held the petition as infructuous because the underlying suit was disposed of on 21.12.2021, prior to the current hearing.
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.
CMP(MD). No.1695 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Tuesday, the Tenth day of October Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice K.MURALI SHANKAR
CMP(MD). No.1695 of 2020 in CRP(MD) No.154 of 2020
Vs
1 Subbuthai
2 R.Ganasoundari
3 Packiam ... Respondents/Respondents
Prayer in CMP(MD). No.1695 of 2020
Civil Miscellaneous Petition filed under order IV Rule 9 of CPC To restore the
CRP(MD)No.154 of 2020 on file which was dismissed for non-prosecution on 29.01.2020.
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CMP(MD). No.1695 of 2020
Prayer in CRP(MD). 154/ 2020 :
Civil Revision Petition filed under Article 227 of Constitution of India, Pleased
to set aside the executable and fair order passed by the Subordiante Court, Aruppukottai in IA No.1 of 2019 in counter claim in OS No.86 of 2012 dated 12.12.2019 by allowing the revision with cost.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.Pethanaraj Advocate for the Petitioner and for the Respondents none appeared either in person or by an Advocate this Court made the following order:
When the matter is taken up for hearing today, the learned counsel appearing for the petitioners would submit that the suit itself was disposed of on 21.12.2021. Hence, this Civil Miscellaneous Petition is dismissed as infructuous.
Sd/Assistant Registrar(CS II) // True Copy //
/10/2023 Sub Assistant Registrar(CS)
SRR
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CMP(MD). No.1695 of 2020
To The Subordiante Judge, Aruppukottai.
ORDER DATED : 10/10/2023 ========================== ORDER ========================== CMP(MD). No.1695 of 2020 in CRP(MD) No.154 of 2020 SI(25.10.2023) 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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1 issue framed by the court
Whether the Civil Miscellaneous Petition to restore a Revenue Petition is maintainable when the underlying suit has already been disposed of on 21.12.2021.
3 provisions across 2 enactments
Srinivasagan
Kavitha
Subbuthai
Ganasoundari
Packiam
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
