Dismissed¶21

Murugesan, v. Selvi alias Seethalakshmi

Madras HC15 Jul 2025CRP(MD)/1459/2022

Case brief

AI extract

What is this about?

Withdrawal of civil revision petitions; dismissal as withdrawn with counsel's endorsement; Article 227 of Constitution of India; Madurai Bench of Madras High Court; Justice M. Dhandapani; District Munsif Court Devakottai; O.S.No.141 of 2013; I.A.No.2 of 2021; I.A.No.3 of 2022; orders dated 20.04.2022 sought to be set aside; liberty to fix date for examining plaintiff working in the Military; connected C.M.P(MD)No.6057 of 2022 closed; no costs; decided 15.07.2025.

What did the court decide?

Both Civil Revision Petitions dismissed as withdrawn at the petitioner's instance (withdrawal endorsed by counsel); liberty granted to file an appropriate application before the lower Court to fix the date for examining the plaintiff, who is working in the Military; no costs; connected miscellaneous petition C.M.P(MD)No.6057 of 2022 closed. ¶21

Murugesan, Vs Selvi alias Seethalakshmi — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be permitted to withdraw the two Civil Revision Petitions (C.R.P.[PD].(MD)Nos.1459 & 1460 of 2022).

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Court's answer

Permission to withdraw having been sought and endorsed by the petitioner, both Civil Revision Petitions (C.R.P.[PD].(MD)Nos.1459 & 1460 of 2022) are dismissed as withdrawn.

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Ratio / Principle

Liberty is granted to the petitioner to file an appropriate application before the lower Court to fix the date for examining the plaintiff, since the plaintiff is working in the Military and frequently cannot take leave to appear before the trial Court.

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Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (M. Dhandapani, J.), 15.07.2025 — C.R.P.[PD].(MD)Nos.1459 & 1460 of 2022 (with connected C.M.P(MD)No.6057 of 2022): Two Civil Revision Petitions filed under Article 227 of the Constitution of India by Murugesan against Selvi @ Seethalakshmi, Lakshmanan, Vellaikannu and Irulappan, seeking to call for and set aside the orders dated 20.04.2022 passed by the District Munsif Court, Devakottai in I.A.No.2 of 2021 in O.S.No.141 of 2013 and in I.A.No.3 of 2022 in I.A.No.2 of 2021 in O.S.No.141 of 2013, were dismissed as withdrawn. Counsel for the petitioner (Mr. J. Anandkumar) sought leave to withdraw the petitions and made an endorsement to that effect. Liberty was granted to the petitioner to file an appropriate application before the lower Court to fix the date for examining the plaintiff, the plaintiff being employed in the Military and unable frequently to take leave to appear before the trial Court. No costs were imposed and the connected miscellaneous petition was closed. The merits of the impugned interlocutory orders were not adjudicated.

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C.R.P.[PD].(MD)Nos.1459 & 1460 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 15.07.2025

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CORAM

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THE HON'BLE MR. JUSTICE M.DHANDAPANI

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C.R.P.[PD].(MD)Nos.1459 & 1460 of 2022

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and

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C.M.P(MD)No.6057 of 2022

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Murugesan ...Petitioner in both petitions

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Vs.

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1.Selvi @ Seethalakshmi 2.Lakshmanan 3.Vellaikannu 4.Irulappan ...Respondents in both petitions

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PRAYER in C.R.P(MD)No.1459 fo 2022: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the order dated 20.04.2022 in I.A.No.2 of 2021 in O.S.No.141 of 2013, on the file of the District Munsif Court, Devakottai and set aside the same and consequently allow the present Civil Revision Petition.

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PRAYER in C.R.P(MD)No.1460 fo 2022: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the order dated 20.04.2022 in I.A.No.3 of 2022 in I.A.No.2 of 2021 in O.S.No.141 of 2013, on the file of the District Munsif Court, Devakottai and set aside the same and consequently allow the present Civil Revision Petition.

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

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C.R.P.[PD].(MD)Nos.1459 & 1460 of 2022

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For Petitioner : Mr.J.Anandkumar

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ORDER

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The learned counsel appearing for the petitioner seeks permission of this Court to withdraw these Civil Revision Petitions and he has also made an

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endorsement to that effect.

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In view of the above, these Civil Revision Petitions are dismissed as withdrawn. Liberty is granted to the petitioner to file appropriate application before the lower Court to fix the date for examining the plaintiff since the plaintiff is working in Military and frequently he cannot take leave to appear before the trial Court. No costs. Consequently, connected miscellaneous petition is closed.

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15.07.2025

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Internet:Yes/No Index:Yes/No

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2/4

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

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C.R.P.[PD].(MD)Nos.1459 & 1460 of 2022

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