Dismissed

Jeyabalan v. Paramasivam

Madras HC4 Dec 2023CRP(MD)/1885/2023

Case brief

AI extract

What is this about?

The Madurai Bench dismissed the Civil Revision Petition filed under Article 226/227 of the Constitution of India as infructuous. The court noted the underlying suit was already disposed of on 30.11.2023, rendering the revision superfluous. However, liberty was granted to the petitioner to raise the plea before the Appellate Court.

What did the court decide?

Petitioner at liberty to canvass the plea before the Appellate Court.

Jeyabalan Vs Paramasivam — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P.(MD)No.1885 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.12.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.1885 of 2023 and C.M.P.(MD)No.9453 of 2023

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Jeyabalan : Petitioner/Petitioner/Plaintiff

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Vs.

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Paramasivam : Respondent/Respondent/Defendant

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Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order, dated 10.02.2023 passed in I.A.No.3 of 2022 in O.S.No.128 of 2013 on the file of the Additional District Munsif Court, Lalgudi.

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For Petitioner : Mr.R.Nandakumar

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ORDER

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The Civil Revision Petition is directed against the order passed in

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I.A.No.3 of 2022 in O.S.No.128 of 2013, dated 10.02.2023 on the file of

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C.R.P.(MD)No.1885 of 2023

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the Additional District Munsif Court, Lalgudi, dismissing the petition filed under Order VI Rule 17 of C.P.C.

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When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the learned trial Judge, after completing the trial, disposed of the suit on 30.11.2023. He would further submit that the petitioner may be given liberty to canvass the present plea before the appellate Court.

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Since the suit was disposed of on 30.11.2023, nothing survives for further adjudication in the Civil Revision Petition. Hence, the Civil Revision Petition is dismissed as infructuous. However, the petitioner is at liberty to canvass the pleas now raised before the appellate Court. No costs. Consequently, connected Miscellaneous Petition is closed.

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04.12.2023

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NCC :yes/No Index :yes/No Internet:yes/No das

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C.R.P.(MD)No.1885 of 2023

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1.The Additional District Munsif Court, Lalgudi.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.1885 of 2023

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K.MURALI SHANKAR,J.

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DAS

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Order made in C.R.P.(MD)No.1885 of 2023 and C.M.P.(MD)No.9453 of 2023

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Dated : 04.12.2023

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Jeyabalan v. Paramasivam

Case brief

What is this about?

What did the court decide?

Jeyabalan v. Paramasivam

Case brief

What is this about?

What did the court decide?

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