Dismissed

T.Pappa Thangasamy v. A.D.J.C. Manohar

Madras HC31 Oct 2023CRP(MD)/590/2011

Case brief

AI extract

What is this about?

In a revision under Article 226 seeking to set aside an order declaring the suit decreetal, the Madurai Bench held that the petition is infructuous as the underlying suit had already been dismissed for default in a later decree and judgment.

What did the court decide?

The civil revision petition is dismissed as infructuous; consequently, connected civil miscellaneous petitions are closed.

T.Pappa Thangasamy Vs A.D.J.C. Manohar — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P(MD)No.590 of 2011

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 31.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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C.R.P(MD) No.590 of 2011 and M.P(MD) Nos.1 & 2 of 2011

T.Pappa Thangasamy

...Petitioner

Vs.

1.A.D.J.C.Manohar 2.Dharmaseelan

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...Respondents

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(For themselves and as representatives of the members of Tirunelveli Diocese)

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

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1/5

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PRAYER:

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C.R.P(MD)No.590 of 2011

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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 dated 01.07.2010 passed in I.A.No.340 of 2010 in O.S.No.650 of 2007 on

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the file of the I Additional District Munsif Court, Tirunelveli, and allow this Civil Revision Petition.

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For Petitioner : No Appearance

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For Respondents : Mr.H.Arumugam – for R1

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Mr.D.Nallathambi – for R2

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O R D E R

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This Civil Revision Petition is filed against the order

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dated 01.07.2010 passed in I.A.No.340 of 2010 in O.S.No.650 of 2007 on the file of the I Additional District Munsif Court, Tirunelveli.

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This Court called for the report from the concerned

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Principal District Judge, by order, dated 19.10.2023 with regard to

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

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2/5

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C.R.P(MD)No.590 of 2011

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the status of the suit in the trial Court. Accordingly, the concerned Principal District Judge, has sent a report wherein, it is stated that the suit in O.S.No.650 of 2007 on the file of the I Additional District Munsif Court, Tirunelveli, was transferred to the Principal Subordinate Court, Tirunelveli, and renumbered as O.S.No.209 of 2015 and the same is dismissed for default, by its decree and judgment, dated 06.12.2021.

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In view of the above, as already the suit itself is dismissed for default, in the considered opinion of this Court, nothing survives for further adjudication in this Civil Revision Petition.

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Accordingly, this Civil Revision Petition is dismissed

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as infructuous.

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No costs.

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3/5

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

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C.R.P(MD)No.590 of 2011

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Consequently, connected Civil Miscellaneous

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Petitions are closed.

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31.10.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No RM

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1.The I Additional District Munsif,

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I Additional District Munsif Court,

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Tirunelveli.

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2.The Principal Subordinate Judge,

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Principal Subordinate Court,

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Tirunelveli,

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4/5

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

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C.R.P(MD)No.590 of 2011

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BATTU DEVANAND, J.

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C.R.P(MD) No.590 of 2011

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(1/3)

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31.10.2023

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5/5 https://www.mhc.tn.gov.in/judis

T.Pappa Thangasamy v. A.D.J.C. Manohar

Case brief

What is this about?

What did the court decide?

T.Pappa Thangasamy v. A.D.J.C. Manohar

Case brief

What is this about?

What did the court decide?

What the court decided

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