Disposed

Duraisamy (Died), Sudanthiram v. the Executive Engineer

Madras HC8 Aug 2023CRP(MD)/538/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a civil revision petition filed under Article 227 of the Constitution of India against an order granting liberty to the fourth respondent to file a fresh suit, upon the respondent abandoning the right due to a pending writ petition.

What did the court decide?

The civil revision petition stands disposed of. No costs are awarded. Connected miscellaneous petition is closed.

Duraisamy (Died), Sudanthiram Vs the Executive… — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P(MD)No.538 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08.08.2023

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CORAM

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THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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C.R.P(MD)No.538 of 2019 and

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C.M.P(MD)No.2706 of 2019

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Duraisamy (Died)

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1.Sundanthiram

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2.Selvamani

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...Petitioners/Respondents 5 & 6 Respondents 5 & 6

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Vs.

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1.The Executive Engineer,

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TNEB, Oddanchatram,

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Dindigul District.

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2.The Assistant Executive Engineer,

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TNEB, Oddanchatram,

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Dindigul District.

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3.The Assitant Engineer,

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(Town Division) TNEB, Oddanchatram, Dindigul District.

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...Respondents 1 to 3/

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Respondents 1 to 3/ Respondents 1 to 3

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4.Thangaraj @ Santhana Krishnan

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...4th Respondent/Petitioner/ Petitioner

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

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C.R.P(MD)No.538 of 2019

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PRAYER:

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order made in I.A.No.213 of 2016 in O.S.No.6 of 2015 by the District Munsif Court, Oddanchatram, dated 07.02.2019.

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For Petitioners : Mr.D.Venkatesh For R1 to R3 : Mr.S.Sades Kumar For R4 : Mr.S.Anand Chandrasekar M/s.Sarvabhauman Associates

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ORDER

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This civil revision petition has been filed against the order passed by the District Munsif Court, Oddanchatram in I.A.No.213 of 2016 in O.S.No.6 of 2015, dated 07.02.2019.

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It appears that the fourth respondent herein has filed an application under Order 23 Rule 1 of C.P.C., seeking a liberty before the Court below to file a fresh suit on the same cause of action. It was ultimately allowed on 07.02.2019 in favour of the fourth respondent herein. Against which, this civil revision petition has been filed by the petitioners herein.

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

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C.R.P(MD)No.538 of 2019

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When the matter was taken up for hearing, the learned counsel for the fourth respondent would fairly submit that in respect of the very same issue he has already moved a writ petition in W.P(MD)No.13261 of 2019, wherein, these petitioners were also arrayed as a party to the writ petition. He would further submit that he is abandoning the right, which was granted by the trial Court on 07.02.2019 in I.A.No.213 of 2016.

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The learned counsel for the petitioners herein would submit that by recording the above submission, this civil revision petition may be disposed of.

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By recording the above submissions, this civil revision petition

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stands disposed of . No costs. Consequently, connected miscellaneous

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petition is closed.

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08.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn

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

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C.R.P(MD)No.538 of 2019

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1.The District Munsif Court, Oddanchatram.

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2.The Section Officer 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.538 of 2019

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C.KUMARAPPAN,J.

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C.R.P(MD)No.538 of 2019

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08.08.2023

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

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Duraisamy (Died), Sudanthiram v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

Duraisamy (Died), Sudanthiram v. the Executive Engineer

Case brief

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What did the court decide?

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