The Commissioner, Corporation of Chennai vs Selvapushpa Vinayakar Retail Flower Shop, Rep.by its Proprietor, S.Gopalakrishnan

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2026 Supreme(Online)(Mad) 32636

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
The Commissioner, Corporation of Chennai – Appellant
Versus
Selvapushpa Vinayakar Retail Flower Shop, Rep.by its Proprietor, S.Gopalakrishnan – Respondent
C.M.P.Nos.3709 & 3710 of 2018

Important Points

Revision petition infructuous upon underlying suit withdrawal; no further adjudication required.

Subject

Civil - Revision Petition

Act Referred

Constitution of India: Article 227

Headnote

First Paragraph: The revision petition challenges an interlocutory order in O.S.No.5947 of 2012 under Article 227 of the Constitution. Essential facts reveal the underlying suit was dismissed as withdrawn by plaintiffs, who are respondents herein. Court finds no need for further adjudication due to suit withdrawal. Second Paragraph: Primary issue is validity of the impugned order post-suit withdrawal. Ratio decidendi holds that dismissal as withdrawn renders the revision infructuous, obviating merits review. Third Paragraph:

Result: Revision petition stands closed. No costs. Connected miscellaneous petitions closed.

Advocates:
For the Appellants/Petitioners: Ms.P.T.Ramadevi
For the Respondents:Mr.N.Muthuvel Government Advocate (For R3), Ms.Veena Suresh Standing Counsel(CMDA) (For R2)

Table of Content
1. challenges interlocutory order in withdrawn suit. (Para 1)
2. revision infructuous; petition closed without costs. (Para 2 , 3)

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order passed on the file of the Hon’ble V Assistant City Civil Judge, Chennai in IA No.8713 of 2017 in O.S.No.5947 of 2012 dated 30.10.2017.

For Petitioner(s): Ms.P.T.Ramadevi For Respondent(s): Mr.N.Muthuvel Government Advocate (For R3) Ms.Veena Suresh Standing Counsel(CMDA) (For R2)

R1 – No appearance

ORDER

This Civil Revision Petition has been filed to set aside the fair and decreetal order passed on the file of the Hon’ble V Assistant City Civil Judge, Chennai in IA No.8713 of 2017 in O.S.No.5947 of 2012 dated 30.10.2017. 2. It has been placed on record that the suit, of which the present revision had been filed, had been dismissed as withdrawn by the plaintiffs, who are the respondents in the suit.

3. In view of the same, no further adjudication is required to be made in this revision petition. Accordingly, this revision petition stands closed. No costs.