The Commissioner, Corporation of Chennai vs T.N. Retail Flower Shop, Rep.by its Proprietor, T.N.Nagarajan

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2026 Supreme(Online)(Mad) 32640

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
The Commissioner, Corporation of Chennai – Appellant
Versus
T.N. Retail Flower Shop, Rep.by its Proprietor, T.N.Nagarajan – Respondent
C.M.P.Nos.3719 & 3720 of 2018

Important Points

Revision petition becomes infructuous upon withdrawal of underlying suit.

Subject

Civil - Revision Petition

Act Referred

Constitution of India: Article 227

Headnote

First Paragraph: The Civil Revision Petition was filed under Article 227 of the Constitution of India to set aside an order dated 30.10.2017 passed in IA No.8747 of 2017 in O.S.No.2542 of 2012 by the V Assistant City Civil Judge, Chennai. The suit was dismissed as withdrawn by the plaintiffs, who are respondents herein. The court found no further adjudication required as the underlying suit stood withdrawn. Second Paragraph: The sole issue was whether the revision petition required adjudication post-withdrawal of the suit. The ratio decidendi is that dismissal of the underlying suit as withdrawn renders the revision infructuous, obviating further proceedings. Third Paragraph:

Result: Revision petition stands closed. No costs.

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

Table of Content
1. challenges order in underlying suit via revision. (Para 1)
2. underlying suit withdrawn, rendering revision moot. (Para 2)
3. no adjudication needed; petition closed. (Para 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.8747 of 2017 in O.S.No.2542 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.8747 of 2017 in O.S.No.2542 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 It has been placed on record that the suit, of which the present revision had been filed, had been dismissed as withdrawn by the plaintiffs, who are the respondents in the suit.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.