, The High Court at Madras dismissed a Civil Revision Petition under Article 226 as infructuous. The Court held that since the underlying suit was already dismissed by the trial court, no question survived for the revision to adjudicate.
No costs. The connected miscellaneous petition is 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. No. 1082 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P. No. 1082 of 2017 and C.M.P. No. 5182 of 2017
S. Malarkodi
... Petitioner
Vs.
Amsaveni (Died) Saroja (Died)
7.The Tahsildar, Taluk Office, Vaniyambadi.
8.C. Gnanasekaran 9.C. Soundar ... Respondents
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C.R.P. No. 1082 of 2017
Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decreetal order dated 02.08.2016 passed in I.A.No.806 of 2015 in O.S.No.30 of 2010 by the learned Additional District Munsif Court at Vaniyambadi and restore the same by allowing this Civil Revision Petition with costs throughout and thus render justice.
For Petitioner : Mr. J. Kamaraj
For Respondents : Mr. M. Prem Kumar, for R1 to R3 Mr. C. Sathish, for R6 & R7 Government Advocate
O R D E R
The Civil Revision Petition is filed against the order dated 02.08.2016
in I.A.No.806 of 2015 in O.S.No.30 of 2010 on the file of the Additional
District Munsif Court at Vaniyambadi.
2. Learned counsel for the petitioner represents that the suit itself was dismissed by the trial Court.
3. In view of the fact that the suit itself is already dismissed, in our
considered view, nothing survives in the Civil Revision Petition.
4. Accordingly, the Civil Revision Petition is dismissed as infructuous.
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C.R.P. No. 1082 of 2017
26.04.2024
Index : Yes / No Neutral Citation : Yes / No
AT To 1.The Additional District Munsif Court at Vaniyambadi.
2.The District Collector, Vellore, State of Tamil Nadu, Sathuvacheri, Vellore – 9.
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C.R.P. No. 1082 of 2017
BATTU DEVANAND , J.
AT
C.R.P. No. 1082 of 2017 and C.M.P. No. 5182 of 2017
26.04.2024
4/4
1 issue framed by the court
Whether a civil revision petition survives when the underlying suit has already been dismissed.
S. Malarkodi
Amsaveni (Died) Saroja (Died) Radhammal
Govindara
Selvam
Poonkodi
C. Shankar
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court