A civil revision petition seeking to set aside an order for transmission of a document was dismissed as infructuous because the petitioners had already obtained the documents from the lower court, rendering further adjudication unnecessary.
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C.R.P.(MD)No.1260 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.02.2024
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.1260 of 2019 and C.M.P.(MD)No.6979 of 2019
(Petitioners 5 to 9 are brought on record as LRS of the deceased 1st petitioner vide Court order dated 22.07.2022 made in CMP(MD)No.11373 of 2021 in CRP(MD)No. 1260 of 2019)
Vs.
1. Muthusamy
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C.R.P.(MD)No.1260 of 2019
Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 13.12.2018 in I.A.No.306 of 2018 in O.S.No.33 of 2010 on the file of Subordinate Judge, Kulithalai.
For Petitioners : Mr.Ponnu Pandi for Mr.K.Govindarajan For R1 & R2 : Mr.K.Prabhakar For R3 to R5 : No appearance
ORDER
The Civil Revision Petition is directed against the order passed in I.A.No.306 of 2018 in O.S.No.33 of 2010 dated 13.12.2018 on the file of the Subordinate Court, Kuzhithalai, to send for the document Ex.A.2 available in the case bundle in A.S.No.80 of 1995 in O.S.No.51 of 1991 on the file of the Subordinate Court, Kuzhithalai.
C.R.P.(MD)No.1260 of 2019
counsel appearing for the revision petitioners as well as the respondents 1 and 2 would submit that the appeal in A.S.No.80 of 1995 was allowed before the Subordinate Court, Kuzhithalai and a second appeal preferred that against in S.A.No.1697 of 1997 was dismissed in the year 2010 and that the revision petitioners have already filed an application before the concerned Court and received their documents including Ex.A.2 and as such, nothing survives for further adjudication.
side, this Civil Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs.
12.02.2024
NCC :yes/No Index :yes/No Internet:yes/No csm
To
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C.R.P.(MD)No.1260 of 2019
K.MURALI SHANKAR,J.
csm
Order made in C.R.P.(MD)No.1260 of 2019 and C.M.P.(MD)No.6979 of 2019
Dated : 12.02.2024
1 issue framed by the court
Whether the civil revision petition survives when the documents sought have already been received?
1 provisions across 1 enactments
Muthusamy (Died)
Kanagarasu
Manoharan
Vijayan
Kamalam
Ilamathi
K.MURALI SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
