Dismissed

Shahubar Sadiq v. Sekar

Madras HC24 Feb 2023CRP(MD)/1934/2014

Case brief

AI extract

What is this about?

The Madras High Court held that a Civil Revision Petition filed by a defendant against an order allowing withdrawal of a suit becomes infructuous when the plaintiff files a fresh suit on the same matter which is subsequently dismissed, as nothing survives between the parties to warrant revision.

What did the court decide?

The Civil Revision Petition was dismissed as infructuous. No order as to costs.

Shahubar Sadiq Vs Sekar — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P(MD)No.1934 of 2014

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.02.2023

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CORAM

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THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

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C.R.P(MD)No.1934 of 2014 and

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M.P(MD)No.1 of 2014

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1.Shahubar Sadiq 2.Ayubh Khan

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3.Sahul Hameed

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4.Seeni Bhurhania

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5.Mujibhu

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6.Jahangir Ali

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7.Mumtaj Begam 8.Ameena Begum 9.Nazzir Hussain ... Revision Petitioners

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Vs.

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Sekar ... Respondent

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PRAYER : Civil Revision Petition is filed under Article 115 of Civil Procedure Code, to allow the Civil Revision Petition and set aside the fair and decreetal order dated 26.09.2013 made in I.A.No.665 of 2012 in O.S.No.31 of 2012 on the file of the Sub-Court, Ramanathapuram.

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1934 of 2014

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For Petitioners : Mr.George Raja for M/s.Ajmal Associates For Respondent : Mr.S.Ramesh

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ORDER

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Heard the learned Counsels for both the petitioner and the respondent. The learned Counsel for the petitioner submitted that the present Civil Revision Petition was preferred as against the fair and decreetal order passed by the learned Subordinate Judge, Ramanathapuram in I.A.No.665 of 2012 in O.S.No.31 of 2012, which was filed under Order 23, Rule 1 of the Civil Procedure Code to withdraw the suit with liberty to file a fresh suit for declaration. Against this particular order, this revision petition is preferred by the defendant of that suit in O.S.No.31 of 2012. During the pendency of this petition, a fresh suit was filed by the respondent / plaintiff in O.S.No.34 of 2014 again on the file of the Sub Court, Ramanathapuram and that was also dismissed on 03.02.2016. So nothing survives between both the parties. Hence, this Civil Revision Petition stands dismissed as infructuous.

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1934 of 2014

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There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

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24.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Btr

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1.The Sub-Court, Ramanathapuram. 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.1934 of 2014

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L.VICTORIA GOWRI, J.

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Btr

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Order made in C.R.P(MD)No.1934 of 2014

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24.02.2023

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https://www.mhc.tn.gov.in/judis

Shahubar Sadiq v. Sekar

Case brief

What is this about?

What did the court decide?

Shahubar Sadiq v. Sekar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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