The Madurai Bench of Madras High Court dismissed a Civil Revision Petition filed under Section 115 CPC as infructuous. Held that the underlying suit was already disposed of, and thus no effective case survived for adjudication in the revision.
The Civil Revision Petition is dismissed as infructuous and no costs awarded.
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CRP(NPD)(MD).No.1705 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.09.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRPP(NPD)(MD).No. 1705 of 2019
Swarnam Petitioner
Vs.
Maideen Fathima
1.Mohaideen Pitchai 2.Imbarnkhan 3.Hasmath Banu Respondents
PRAYER : Civil Revision Petition filed under under Section 115 CPC to
call for the records relating to the fair and decreetal order, dated 15.02.2019 made in I.A.No.149 of 2017 in O.S.No.76 of 2010 on the file of the Additional District Munsif Court, Amabasamuthiram and set aside the same.
For Petitioner : Mr. L. Irulappan For respondent : Mr. V. Meenakshi Sundaram
ORDER
CRP(NPD)(MD).No.1705 of 2019
Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner would submit that the suit, in which the Civil Revision Petition has arisen has already been disposed of and therefore, nothing survives for adjudication in this matter and he has also made an endorsement to that effect.
infructuous. No costs. Consequently, the connected Miscellaneous Petition is closed.
13.09.2023
Index : Yes / No Internet : Yes / No trp
To
The Additional District Munsif Court, Amabasamuthiram.
CRP(NPD)(MD).No.1705 of 2019
C.KUMARAPPAN, J.,
trp
CRPP(NPD)(MD).No. 1705 of 2019
13.09.2023
1 issue framed by the court
Whether the Civil Revision Petition survives for adjudication when the underlying suit has already been disposed of.
1 provisions across 1 enactments
Swarnam
Maideen Fathima
Mohaideen Pitchai
Imbarnkhan
Hasmath Banu
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
