Disposed

Palaniammal v. Kandhasamy

Madras HC12 Dec 2024CRP/1211/2023

Case brief

AI extract

What is this about?

Civil revision petitions challenging a plaint and a temporary injunction became infructuous because the underlying suit was dismissed for default. The High Court closed the revisions, granting liberty to restore them if the suit is restored.

What did the court decide?

Revisions closed as infructuous with liberty to restore if the suit in O.S.No.175 of 2023 is restored; connected CMPs also closed; no costs.

Palaniammal Vs Kandhasamy — Property and Title | Madras HC (2024)

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C.R.P.(PD) Nos.1211 & 1696 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.12.2024

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CORAM :

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THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

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C.R.P.(PD) Nos.1211 & 1696 of 2023 & CMP Nos.8272 & 11097 of 2024

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In both CRP Nos.1211 & 1696 of 2023

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Palaniammal

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Rajammal 3. S.P.Rathinasamy

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S.P.Velusamy

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Saradhamani

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S.P.Jotheeswaran

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Vasanthamani 8. S.P.Anandkumar 9. N.M.Ramamoorthy .. Petitioners

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Versus

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Kandhasamy

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Palanisamy (Died) 3. Kowsik Saravana .. Respondents

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Chidambaram

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Saraswathi

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Subbulakshmi (Respondents 4 to 6 are brought on record as LRs of the deceased R2 viz. Palanisamy vide Court order dated 11.10.2023 made in CMP Nos.15484 to 15486 of 2023 in CRP No.1696 of 2023 by TVTSJ)

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Prayer in CRP No.1211 of 2023: Civil Revision Petition filed under Article

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Page 1 of 4

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

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C.R.P.(PD) Nos.1211 & 1696 of 2023

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227 of the Constitution of Indi,a praying to strike off the plaint in O.S.No.175 of 2023 on the file of the Principal District Munsif Court, Coimbatore by allowing this Civil Revision Petition by exercising the power conferred under Article 227 of the Constitution of India.

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Prayer in CRP No.1696 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order of temporary injunction dated 22.02.2023 made in I.A.No.2 of 2023 in O.S.No.175 of 2023 on the file of Principal District Munsif Court, Coimbatore by allowing this Civil Revision Petition.

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In both CRP Nos.1211 & 1696 of 2023

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For Petitioner : Mr.Anandhamoorthy Mr.S.Kousik For Respondents : Ms.Haritha for Mr.S.Mahaveer Shivaji for R1

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COMMON ORDER

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When the revision and the miscellaneous petitions were taken up for

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hearing, Mr.V.Ananthamoorthy and Mr.R.Balagurusamy and Ms.Haritha represented that the suit in O.S.No.175 of 2023 itself has been dismissed for default on 14.08.2024. When the suit itself has been dismissed for default,

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there is nothing for me to revise. Hence, these Civil Revision Petitions are closed.

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___________ Page 2 of 4_

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

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C.R.P.(PD) Nos.1211 & 1696 of 2023

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It is made clear that, in case the suit is restored, liberty is granted to

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the civil revision petitioners to restore the revisions. Since the civil miscellaneous petitions filed by the purchasers have been dismissed, as the main revisions are dismissed, on the civil revision petitions being restored, the civil miscellaneous petitions will automatically stand restored. No costs. Consequently, connected miscellaneous petitions are also closed.

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12.12.2024

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Index : Yes/No Neutral Citation : Yes/No kal

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The Principal District Munsif Court, Coimbatore

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V.LAKSHMINARAYANAN J.

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___________ Page 3 of 4_

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

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C.R.P.(PD) Nos.1211 & 1696 of 2023

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kal

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C.R.P.(PD) Nos.1211 & 1696 of 2023 & CMP Nos.8272 & 11097 of 2024

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12.12.2024

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___________ Page 4 of 4_

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

Palaniammal v. Kandhasamy

Case brief

What is this about?

What did the court decide?

Palaniammal v. Kandhasamy

Case brief

What is this about?

What did the court decide?

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