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2022 Supreme(Online)(Mad) 50485

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mrs Justice TV. THAMILSELVI
VENKATACHALAM – Appellant
Versus
V. CHENNIAPPAN – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.09.2022 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI C.R.P.No. 3805 of 2017 and C.M.P. No. 17725 of 2017

1. Venkatachalam, S/o. Kuttiya Gounder

2. Rajamani, W/o. Venkatachalam ... Petitioners Versus V.Chenniappan, S/o. Varanavasi Gounder ... Respondent PRAYER : Civil Revision Petition is filed under Art. 227 of Constitution of India, praying to set aside the fair and final order dated 06.06.2017 made in I.A.No.311 of 2016 in O.S.No.232 of 2015 on the file of I Addl. District Munsif Court, Erode.

For Petitioners : Mr.G.Ethirajulu For Respondent : Mr.C.E.Prathap

O R D E R

This Civil Revision Petition has been filed seeking to set aside the fair and final order dated 06.06.2017 passed in I.A.No.311 of 2016 in O.S.No.232 of 2015 on the file of 1st Addl. District Munsif Court, Erode.

2. Today, when the matter taken up for hearing, the learned counsel for petitioners appeared and submitted that the suit filed by the plainitff in O.S.No.232 of 2015 on the file of I Addl. District Munsif, Erode was dismissed for default on 13.09.2021. Hence, the relief claimed in this Civil Revision Petition became infructuous due to the default of the suit before the trial court.

3. In view of the submission made by the learned Counsel appearing for the Petitioners, this Civil Revision Petition is dismissed as infructuous. However, liberty is granted to the petitioners to restore this Civil Revision Petition, if the suit in O.S.No.232 of 2015 is restored. No costs.

Consequently, the connected Civil Miscellaneous Petition is also closed.

06.09.2022 rpp To I Addl. District Judge, District Munsif Court, Erode.

T.V.THAMILSELVI, J.

rpp

06.09.2022

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