Dismissed¶23

D.T. Rajesh Kanna v. D.T. Sivakumar

Madras HC25 Apr 2025CRP/749/2025

Case brief

AI extract

What is this about?

Madras High Court, 25.04.2025; P.T. Asha J; CRP.No.749 of 2025 & CRP.No.1122 of 2025; petitioner D.T.Rajesh Kanna; first respondent/plaintiff D.T.Sivakumar (advocate N. Jayabalan); Article 227 revision against trial-court orders of 03.12.2024 in I.A.No.6 and I.A.No.7 of 2024 in O.S.No.7321 of 2021 (partition suit, 2/5th share claim) allowing receipt of additional documents and recall of P.W1; dismissed as infructuous because orders already acted upon; no costs; CMPs closed.

What did the court decide?

Since the impugned orders had already been given effect to before the trial court (witnesses examined, documents marked), nothing survived for consideration and both revision petitions were dismissed as infructuous, with no costs and the connected miscellaneous petitions closed. ¶23

D.T. Rajesh Kanna Vs D.T. Sivakumar — Writ and Judicial Review | Madras HC (2025)

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CRP.No.749 of 2025 & CRP.No.1122 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 25.04.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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CRP.No.749 of 2025 & CRP.No.1122 of 2025 and CMP.Nos.4276 & 6601 of 2025

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D.T.Rajesh Kanna ... Petitioner in both CRPs

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Vs. 1.D.T.Sivakumar

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2.Saraswathi Bai 3.Nagammala Bai @ Nagavalli 4.R.Shanthi ... Respondents in both CRPs

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Prayer in CRP.No.749 of 2025 : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order dated 03.12.2024 made in I.A.No.7 of 2024 in O.S.No.7321 of 2021 on the file of the V Additional District City Civil Court, Chennai.

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Prayer in CRP.No.1122 of 2025 : Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the fair and decretal order dated 03.12.2024 made in I.A.No.6 of 2024 in O.S.No.7321 of 2021 on the file of the V Additional District City Civil Court, Chennai.

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1/4

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

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CRP.No.749 of 2025 & CRP.No.1122 of 2025

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For Petitioner : Mr.C.Harish (in both CRPs) For Respondents : Mr.N.Jayabalan for R1 (in both CRPs) R2 &R4 - Served [No appearance] R3 - Not ready in notice

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COMMON ORDER

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The plaintiff/first respondent has filed the suit in O.S.No.7321 of 2021 against the revision petitioner and respondents 2 to 4 herein for partition and to declare his 2/5th share in the schedule mentioned properties before the V Additional District City Civil Court, Chennai. Pending the suit, the plaintiff has taken out I.A.No.6 of 2024 and I.A.No.7 of 2024 to receive the additional documents and to recall P.W1 for further examination in chief. Those petitions came to be allowed. Challenging the same, the revision petitioner/first defendant had filed the present revision petitions and had obtained an order of stay of said IAs.

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However, it is now informed before this Court that the impugned orders have already been given effect to, as the witnesses have been examined and documents have been marked before the lower Court.

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2/4

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

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CRP.No.749 of 2025 & CRP.No.1122 of 2025

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In view of the above, nothing survives of consideration in these

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revisions. Accordingly, both the revision petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

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25.04.2025

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Neutral Citation : Yes / No ds

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To: 1.The V Additional Judge City Civil Court, Chennai.

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2.The Section Officer VR Section, High Court, Madras.

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3/4

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