Pending a civil revision petition, the underlying suit was dismissed for default. The court held the petition infructuous but granted liberty to revive it if the suit is restored by the trial court.
Petition dismissed as infructuous with liberty to restore the present revision if the suit is restored by the trial court by giving liberty.
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.
CRP(PD)(MD)No.1347 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRP(PD)(MD)No.1347 of 2014 and CMP(MD).No.2 of 2014
Vs
CRP(PD)(MD)No.1347 of 2014
9.Minor.Prabhakar
(Minor 9th respondent rep. through his mother and guardian of the 7th respondent.) ... Respondents
(Cause title accepted vide order dated 20.06.2014 made in M.P(MD).No. 1of 2014 in C.R.P(MD).No. SR 26411/14 by TMJ)
Prayer: Petition filed under Article 227 of the Constitution of India, to set aside fair and decreetal order passed in I.A.No.506 of 2012 in O.S.No.94 of 2010 on the file of the District Munsif Court, Sivakasi dated 28.11.2013.
For Petitioner : Mr.Mohamed Haniff for Mr.M.P.Senthil For Respondent : Mr.Chathurthiraja for Mr.R.Govindaraj
O R D E R
When the matter is taken up for hearing, it is reported by Mr.Mohamed
Haniff, learned counsel representing for the petitioner's counsel Mr.M.P.Senthil that pending this Civil Revision Petition, the Suit in O.S.No. 94 of 2010 on the file of the District Munsif Court, Sivakasi, was dismissed
for default on 07.09.2016 and therefore nothing survives in this Civil
Revision Petition.
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CRP(PD)(MD)No.1347 of 2014
2. However, Mr.Mohamed Haniff, learned representing counsel vehemently requested the Court that liberty should be given to restore this petitioner, if the suit is restored by the trial Court. Accepting his request, this Civil Revision Petition is dismissed as infructuous by giving liberty to the petitioner to restore the present Civil Revision Petition, if the suit is restored by the trial Court. No costs. Consequently, the connected Miscellaneous Petition is closed.
24.02.2023
Index : Yes / No. Internet : Yes / No. tta To District Munsif Court, Devakottai
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CRP(PD)(MD)No.1347 of 2014
L.VICTORIA GOWRI,J
tta
Order made in CRP(PD)(MD)No.1347 of 2014
24.02.2023
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K.Parthasarathy and others
S.Kandasamy and others
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
