The High Court dismissed a civil revision petition filed under Article 226 as infructuous because the underlying main suit had been dismissed by the Trial Court, rendering the relief sought in the revision no longer viable. No substantive legal principles were laid down.
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. 4535 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
Civil Revision Petition No. 4535 of 2023
and CMP.No. 27147 of 2023
Senniappan .... Petitioner
Versus
1.Ammasaikal
2.Velliangiri ...Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal Order dated September 12, 2023 made in IA.No. 263 of 2023 in O.S.No. 234 of 2017 on the file of Sub Court, Avinashi.
For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.C.Vigneshwaran ----
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CRP,No. 4535 of 2023
ORDER
This Civil Revision Petition has been filed seeking to set aside the
fair and decretal Order dated September 12, 2023 made in IA.No. 263 of
2023 in O.S.No. 234 of 2017 on the file of Sub Court, Avinashi.
2. Mr.P.Saravana Sowmiyan, learned Counsel for the revision
petitioner and Mr.C.Vigneshwaran, learned Counsel for the respondent
Nos.1 and 2 are before this Court.
3. The learned Counsel for the revision petitioner/plaintiff
submits that the main Suit in O.S.No.234 of 2017 on the file of Sub
Court, Avinashi, filed by the revision petitioner/plaintiff against the respondents/defendants was dismissed by the Trial Court vide Judgment
and Decree dated February 29, 2024. The relief sought for in this Civil
Revision Petition has become infructuous. Hence, he seeks permission of
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CRP,No. 4535 of 2023
this Court to withdraw this Civil Revision Petition.
4. In view of the above submissions made by the learned Counsel for the revision petitioner/plaintiff, 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.
26.11.2024
MSM
To
The Sub Court, Avinashi.
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CRP,No. 4535 of 2023
R. SAKTHIVEL, J
MSM
CRP.No. 4535 of 2023
26.11.2024
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Senniappan
1.Ammasaikal
2.Velliangiri
R. SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
