Writ petition challenging a decree passed by the District Munsif in a civil suit was dismissed as infructuous because the underlying suit (O.S. No. 155 of 2012) was subsequently disposed of by a decree dated 25.02.2019, rendering further adjudication unnecessary.
Civil Revision Petition dismissed as infructuous. Connected Civil Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.584 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P(MD) No.584 of 2019 and C.M.P(MD) No. 2894 of 2019
1. Pulukandi
2. P. Alagumurgan,
3. A.Jayalakshmi ...Petitioners
Vs.
Ponnammal (died)
Chelliah .......Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside Fair and Decreetal Order passed by the Principal District Munsif Cum Judicial Magistrate No.I,
1/5
C.R.P(MD)No.584 of 2019
Srivilliputtur in E.P.No.102 of 2014 in O.S.No.155 of 2012 on
30.11.2018 and allow this Civil Revision Petition.
For Petitioner : M/s.Thilagarani
for Mr.M.Jothi Basu
For Respondent : No Appearance
O R D E R
This Civil Revision Petition is filed against the order dated 30.11.2018 passed in E.P.No.102 of 2014 in O.S.No.155 of
2012 on the file of the Principal District Munsif Cum Judicial Magistrate No.I, Srivilliputtur.
submits that E.P.No.102 of 2014 was filed to execute the ex parte decree. Subsequently, the suit in O.S.No.155 of 2012 on the file of the Principal District Munsif Cum Judicial Magistrate No.I, Srivilliputtur, was disposed of by its decree and judgment, dated 25.02.2019.
2/5
C.R.P(MD)No.584 of 2019
nothing survives for further adjudication in this Civil Revision Petition.
record.
as infructuous.
is closed.
19.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM
3/5
C.R.P(MD)No.584 of 2019
To
The Principal District Munsif Cum Judicial Magistrate No.I,
Srivilliputtur
4/5
C.R.P(MD)No.584 of 2019
BATTU DEVANAND, J.
RM
C.R.P(MD) No.584 of 2019
19.10.2023
1 issue framed by the court
Whether a civil revision petition seeking to set aside a fair and decr palabal order should be allowed given that the underlying suit has already been disposed of by a subsequent decree and judgment.
Pulukandi and others
Chelliah
BATTU DEVANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
