Dismissed

P.F.Sumaiyya Banu v. Syed Mohammed Maheen

Madras HC6 Dec 2024CRP(MD)/292/2020

Case brief

AI extract

What is this about?

This judgment disposed of two connected Civil Revision Petitions. The Court held that since the underlying suit has been decided and remanded, the revision petitions no longer have a subsiding basis. The Court directed the trial court to complete the trial within one year and closed the pending petitions.

What did the court decide?

The Civil Revision Petitions are closed. The Principal District Munsif is directed to complete the trial within one year.

P.F.Sumaiyya Banu Vs Syed Mohammed Maheen — Civil Procedure and Limitation | Madras HC (2024)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

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C.R.P.(MD)(PD)Nos.292 and 293 of 2020 and C.M.P.(MD)No.1698 of 2020

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P.F.Sumaiya Banu ... Petitioner in both cases

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-vs.-

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Syed Mohammed Maheen ...Respondent in both cases

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COMMON PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India to direct the learned Principal District Munsif, Padmanabhapuram to number the petitions in unnumbered I.A. of 2019 (Doc.No.7672 of 2019) in O.S.No.139 of 2016 and unnumbered I.A. of 2019 (Doc.No.6010 of 2019) in O.S.No.139 of 2016 on the file of the Principal District Munsif Court, Padmanabhapuram.

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For Petitioner :Mr.V.Meenakshisundaram For Respondent :Mr.T.Arivukumar for Mr.A.Chidambaram (in both cases)

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________________ Page 1 of 4_

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

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COMMON ORDER

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When the matter is taken up for hearing, the learned Counsel appearing for the petitioner submitted that pending Civil Revision Petitions, a judgment was pronounced in O.S.No.139 of 2016 by the learned Principal District Munsif at Padmanabhapuram on 11.11.2020 against which, an appeal was filed in A.S.No.25 of 2020 before the Subordinate Court, Padmanabhapuram on 17.09.2021.

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2.It is further submitted that in the above first appeal, the first appellate Court had remanded the matter back to be heard by the Principal District Munsif Court in O.S.No.139 of 2016. Against which, an appeal was filed before this Court in C.M.A(MD)No.964 of 2021. This Court on 09.09.2024 had confirmed the order of remand passed by the first appellate Court in A.S.No.25 of 2020 by the learned Subordinate Judge, Padmanabhapuram.

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3.In view of the submission made by the learned Counsel for the petitioner, nothing survives in the Civil Revision Petitions and the Civil Revision Petitions are closed. As the suit is of the year 2016, the trial Court is

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Page 2 of 4

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

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directed to complete the trial within a period of one year from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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06.12.2024

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Internet :Yes/No NCC :Yes/No Index :Yes/No

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cmr

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The Principal District Munsif, Padmanabhapuram.

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________________ Page 3 of 4_

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

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N.SENTHILKUMAR, J.

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cmr

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C.R.P.(MD)(PD)Nos.292 and 293 of 2020

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06.12.2024

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________________ Page 4 of 4_

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

P.F.Sumaiyya Banu v. Syed Mohammed Maheen

Case brief

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P.F.Sumaiyya Banu v. Syed Mohammed Maheen

Case brief

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