Dismissed

T.Velayuthaperumal Nadar, v. P.Thomas Nadar

Madras HC18 Jan 2024CRP(MD)/301/2018

Case brief

AI extract

What is this about?

Writ bench dismissed a civil revision petition filed under Article 226 of the Constitution, holding it infructuous as the underlying suit had already been dismissed at full trial via a subsequent judgment passed in 2018, leaving no adjudication to be reviewed. Connected miscellaneous petition was closed.

What did the court decide?

Civil Revision Petition dismissed as infructuous; connected Miscellaneous Petition closed.

T.Velayuthaperumal Nadar, Vs P.Thomas Nadar — Civil Procedure and Limitation | Madras HC (2024)

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C.R.P(PD)(MD)No.301 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.01.2024

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(PD)(MD)No.301 of 2018 and C.M.P(MD)No.1377 of 2018

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1.T.Velayuthaperumal Nadar

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2.T.Vellaiyan Nadar

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3.T.Manickamuthu Nadar

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4.T.Ponnudurai

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5.T.Shanmugasundaravel 6.T.Dhamodaran : Petitioners/Petitioners/ Proposed defendants 10 to 15

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Vs.

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1.P.Thomas Nadar : 1^st Respondent/1^st Respondent/Plaintiff

2.K.A.Kumaresan

3.K.Rajan

4.V.Sivananthan

5.R.Ravi

1/4

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

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C.R.P(PD)(MD)No.301 of 2023

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6.P.Ganesan

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7.Sindu B.Thambi 8.B.Nithish 9.B.Nirajnu : Respondents 2 to 10/Respondents 2 to 10 Defendants 1 to 9

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.207 of 2017 in O.S.No.34 of 2003 on the file of the I Additional Sub Court at Nagercoil, dated 09.08.2017.

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For Petitioners : Mr.S.Prabhu

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For Respondents : Mr.M.P.Senthil, for R2 and R3.

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: No Appearance, for R4 to R9.

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ORDER

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The Civil Revision Petition is directed against the order passed in I.A.No.207 of 2017 in O.S.No.34 of 2003, dated 09.08.2017 on the file of the I Additional Sub Court at Nagercoil, dismissing the petition filed under Order I Rule 10(2) C.P.C.

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C.R.P(PD)(MD)No.301 of 2023

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When the matter is taken up for hearing today, the learned

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counsel for the petitioners would submit that the suit in O.S.No.34 of 2003, after full trial, was dismissed vide judgment dated 28.09.2018 and as such nothing survives for further adjudication in this Civil Revision Petition.

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Recording the submission made by the learned counsel for the

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petitioners, the Civil Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs

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18.01.2024

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NCC :yes/No Index :yes/No Internet :yes/No das

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1.The I Additional Sub Judge, Nagercoil

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P(PD)(MD)No.301 of 2023

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K.MURALI SHANKAR,J.

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das

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Order made in C.R.P.(PD)(MD)No.301 of 2018 and C.M.P(MD)No.1377 of 2018

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Dated : 18.01.2024

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T.Velayuthaperumal Nadar, v. P.Thomas Nadar

Case brief

What is this about?

What did the court decide?

T.Velayuthaperumal Nadar, v. P.Thomas Nadar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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