Court dismissed Civil Revision Petition as infructuous since the impugned appellate suit is pending before the District Court, Namakkal, rendering no further adjudication necessary.
Petition dismissed as infructuous; liberty to raise contentions before appellate court.
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.
CRP.No. 3513 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
Civil Revision Petition No. 3513 of 2023
N.Nallayan ... Petitioner Versus 1.C.Nallayan 2.S.Manikkam 3.M.Ravishankar 4.Perumayee 5.Valliammal 6.Poongodi ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal Order dated April 11, 2023 in I.A.No. 4 of 2023 in O.S.No. 52 of 2013 on the file of 'Additional District Munsif Court', Thiruchengode.
For Petitioner : Mr.Dinu Prashanth For Respondents : No Appearance
CRP.No. 3513 of 2023
ORDER
This Civil Revision Petition has been filed seeking to set aside the
fair and decretal Order dated April 11, 2023 in I.A.No.4 of 2023 in
O.S.No.52 of 2013 on the file of 'Additional District Munsif Court',
Thiruchengode.
2. Perusal of the records, it reveals that the Original Suit in
O.S.No.52 of 2013 on the file of 'Additional District Munsif Court',
Thiruchengode, was dismissed with costs by Judgment and Decree dated
December 08, 2023. It is also seen that the plaintiff had preferred an
Appeal Suit in A.S.No.17 of 2024 on the file of District Court, Namakkal
and the same was posted for the appearance of the respondents.
3. In view of the above facts and circumstances, nothing
survives for further adjudication and the prayer sought for in this Civil
Revision Petition has become infructuous. Considering the facts and https://www.mhc.tn.gov.in/judis
CRP.No. 3513 of 2023
circumstances of the case, there is no order as to costs.
4. The revision petitioner is at liberty to raise all the
contentions before the Appellate Court in accordance with law.
03.12.2024
MSM
CRP.No. 3513 of 2023
R. SAKTHIVEL, J
MSM
CRP.No. 3513 of 2023
03.12.2024
1 issue framed by the court
Whether the Civil Revision Petition seeking to set aside the order in I.A.No.4 of 2023 survives given the appeal filed and pendency in A.S.No.17 of 2024.
2 provisions across 1 enactments
N.Nallayan
C.Nallayan
S.Manikkam
M.Ravishankar
Perumayee
Valliammal
R. SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
