Two civil revision petitions were dismissed as infructuous because the underlying suit in O.S. No. 136 of 2006 had concluded with a judgment, leaving no order for the revisions to set aside.
The civil revision petitions were dismissed as infructuous and connected miscellaneous petitions were closed.
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.
C.R.P.(MD)Nos.454 and 467 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 30.01.2024
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)Nos.454 and 467 of 2019 and C.M.P(MD)Nos.2319 and 2382 of 2019
1.M.Kalangiam
2.M.Thangapandian
3.M.Kalipandian
4.M.Seenivasan (M.Manivasagam)
5.M.Thangavelpandian : Petitioners/Petitioners/ Defendants 12, 15 to 18 (in both petitions)
Vs.
Mariappan (died)
Shanmugaiah (died)
1.Thamba
2.Muniyammal : Respondents 1 & 2/Respondents 1 to 4/ Plaintiffs 1 to 4
3.Rajamani
1/5
C.R.P.(MD)Nos.454 and 467 of 2019
Seeniappan (died)
4.Muthu Mari
6.Thenraj
7.Thangammal
8.Vetrivelraj
9.Paulraj
10.Muniasamy
11.Rajavel
M.Kasiammal (died)
12.R.Meena
13.T.Pandeeswari : Respondents 3 to 13/ Respondents 5 to 17/ Defendants 1 to 11, 13 & 14 (in both petitions)
Prayer in C.R.P(MD)No.454 of 2019 : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 08.01.2019 made in I.A.No.944 of 2018 in O.S. No.136 of 2006 on the file of the Subordinate Court, Thoothukudi and reject the same.
C.R.P.(MD)Nos.454 and 467 of 2019
Prayer in C.R.P(MD)No.467 of 2019 : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 15.02.2019 made in I.A.No.1 of 2019 in O.S.No.136 of 2006 on the file of the Subordinate Court, Thoothukudi, in so far as restricting the petitioners from cross examine the witness.
(in both petitions) For Petitioners : Mr.S.C.Herold Singh
For Respondents : Mr.N.Dilip Kumar, for R1, R2 & R12 : Mr.A.John Vincent, for R3 to R5, R7, R8, R11. : No Appearance, for R6.
COMMON ORDER
The Civil Revision Petition in C.R.P.(MD)No.454 of 2019, is directed against the order passed in I.A.No.944 of 2018 in O.S.No.136 of 2006, dated 08.01.2019 on the file of the Subordinate Court, Thoothukudi, dismissing the petition filed under Order VII Rule 1 C.P.C.
directed against the order passed in I.A.No.1 of 2019 in O.S.No.136 of
C.R.P.(MD)Nos.454 and 467 of 2019
2006, dated 15.02.2019 on the file of the Subordinate Court, Thoothukudi, seeking orders for setting aside the ex-parte order dated 11.01.2019 in O.S.No.136 of 2006 against the defendants 12, 15 to 18.
Consequently, connected Miscellaneous Petitions are closed. No costs.
30.01.2024
NCC :yes/No Index :yes/No Internet:yes/No das
C.R.P.(MD)Nos.454 and 467 of 2019
K.MURALI SHANKAR,J.
das
To
1.The Subordinate Judge, Thoothukudi.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
C.R.P.(MD)Nos.454 and 467 of 2019 and C.M.P(MD)Nos.2319 and 2382 of 2019
Dated : 30.01.2024
1 provisions across 1 enactments
M.Kalangiam and others
Mariappan (died) and others
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
