Dismissed

T.Vasanthi, v. K.Kasthuri

Madras HC1 Aug 2023CRP(MD)/474/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a civil revision petition filed under Article 226 of the Constitution of India. The court held that since the underlying suit dismissal was for default and a restoration application was pending, nothing survived in the present revision. Liberty was granted to restore the petition if the suit is restored on file.

What did the court decide?

The Civil Revision Petition is dismissed. Liberty is given to the petitioner to restore the Civil Revision Petition if the suit is restored on file.

T.Vasanthi, Vs K.Kasthuri — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P(PD)(MD).No. 474 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.08.2023

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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C.R.P(PD)(MD).No. 474 of 2019 and CMP(MD)No.2409 of 2019

T.Vasanth

... Petitioner

K.Kasthuri

....Respondent

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and Decreetal order, dated 05.02.2019 in I.A. No. 398 of 2018 in O.S. No. 167 of 2013 on the file of the Principal District Munsif Court, Manamadurai by allowing this Civil Revision Petition.

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For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : No Appearance

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1/4 https://www.mhc.tn.gov.in/judis

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C.R.P(PD)(MD).No. 474 of 2019

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ORDER

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To set aside the fair and decreetal order, dated 05.02.2019 passed in I.A.No. 398 of 2018 in O.S. No. 167 of 2013 passed by the learned Principal District Munsif Court, Manamadurai, the revision petitioner has filed this Civil Revision Petition before this Court.

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2.The learned counsel for the petitioner would submit that the suit before the Court below has been dismissed for default. He would further submit that against the dismissal order, he moved an application for restoration of suit and the same is pending. Therefore, as of now, nothing survives in the present Civil Revision Petition.

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3.Hence, the Civil Revision Petition is dismissed. However, liberty is given to the petitioner herein to restore the Civil Revision Petition in the event of suit is being restored on file. No costs. Consequently, connected miscellaneous petition is closed.

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01.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PNM

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2/4 https://www.mhc.tn.gov.in/judis

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C.R.P(PD)(MD).No. 474 of 2019

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1.The Principal District Munsif, Manamadurai.

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

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3/4 https://www.mhc.tn.gov.in/judis

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C.R.P(PD)(MD).No. 474 of 2019

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C.KUMARAPPAN, J.,

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PNM

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ORDER IN C.R.P(PD)(MD).No. 474 of 2019 and CMP(MD)No.2409 of 2019

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01.08.2023

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4/4 https://www.mhc.tn.gov.in/judis

T.Vasanthi, v. K.Kasthuri

Case brief

What is this about?

What did the court decide?

T.Vasanthi, v. K.Kasthuri

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Coram

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