R. Sivanesan v. M. Kaliyamurthy
Case brief
What is this about?
The revision petitioner sought to challenge a decretal order after the main suit was dismissed. The court noted the relief became infructuous and dismissed the petition accordingly.
The revision petitioner sought to challenge a decretal order after the main suit was dismissed. The court noted the relief became infructuous and dismissed the petition accordingly.
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. 3818 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
Civil Revision Petition No. 3818 of 2023
and Civil Miscellaneous Petition No. 23656 of 2023
R.Sivanesan .... Petitioner
Versus
M.Kaliyamurthy
...Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal Order dated August 08, 2023 in I.A.No. 208 of 2023 in O.S.No. 309 of 2021 on the file of Principal Sub Court, Virudhachalam.
For Petitioner : Mr.K.Selvaraj For Respondent : No Appearance
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ORDER
CRP,No. 3818 of 2023
Mr.K.Selvaraj, learned Counsel for the revision
petitioner/defendant submits that the main Suit in O.S.No. 309 of 2021
on the file of Principal Sub Court, Virudhachalam, filed by the respondent/plaintiff against the revision petitioner/defendant was
dismissed. Therefore, the relief sought for in this Civil Revision Petition has become infructuous. Hence, he seeks permission of this Court to
withdraw this Civil Revision Petition and he has also made an endorsement to that effect in the case file. Scanned reproduction of the
same is hereunder:-
Page No.2-4 https://www.mhc.tn.gov.in/judis
CRP,No. 3818 of 2023
2. In view of the above endorsement made by the learned
Counsel for the revision petitioner/defendant, nothing survives for further adjudication in this Civil Revision Petition. Accordingly, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
02.12.2024
MSM
To
The Principal Sub Court, Virudhachalam.
Page No.3-4 https://www.mhc.tn.gov.in/judis
CRP,No. 3818 of 2023
R. SAKTHIVEL, J
MSM
CRP.No. 3818 of 2023
02.12.2024
Page No.4-4 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the Civil Revision Petition survives for adjudication given the dismissal of the main suit?
1 provisions across 1 enactments
R.Sivanesan
M.Kaliyamurthy
R. SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court