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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
K.Mahalakshmi - Petitioner
Versus
B.Yamuna – Respondent
C.R.P.No.30 of 2023 and C.M.P.No.243 of 2023
Decided On : 09-01-2023
Constitution of India, 1950 – Article 227 – Civil Revision Petition – Execution Proceedings – Held, Court has expressed that appointment of an Advocate Commissioner at stage of Execution Proceedings would arise only on exceptional circumstances, learned counsel for revision petitioner has chosen to withdraw Civil Revision Petition – Civil Revision Petition dismissed.
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decree passed in E.A.No.4 of 2021 in E.P.No.2998 of 2010 in O.S.No.2887 of 2003 dated 27.10.2022 on the file of the X Assistant City Civil Judge, Chennai.
The learned counsel for the revision petitioner, after arguing this Civil Revision Petition for a considerable length of time and when this Court has expressed that the appointment of an Advocate Commissioner at the stage of Execution Proceedings would arise only on exceptional circumstances, the learned counsel for the revision petitioner has chosen to withdraw the Civil Revision Petition.
2. Accordingly, the Civil Revision Petition is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petition is closed.
Revision petition infructuous upon underlying suit withdrawal; no further adjudication required.
Revision petition becomes infructuous upon withdrawal of underlying suit.
Court permitted withdrawal of revision petition, dismissing it without costs.
Court permitted withdrawal of revision petition with no costs.
A court may allow the withdrawal of a civil revision petition as not pressed, while simultaneously granting the petitioner liberty to agitate the same grounds of challenge in the pending main suit.
Court closed the civil revision petition as the underlying suit had already been dismissed, indicating no further orders were necessary.
Revision petition closed as underlying suit withdrawn, rendering it infructuous.
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