Subalakshmi vs B.Padmanaban
2021 Latest Caselaw 23701 Mad

                                                                   C.R.P.(PD).No.1564 of 2016

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 02.12.2021

                                                    CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                            C.R.P.(PD).No.1564 of 2016

                  1.Subalakshmi

                  2.Bhavani

                  3.Packiyalakshmi

                  4.B.Packiyaraj

                  5.B.Bharathidasan

                  6.B.Pavalamani                                         .. Petitioners

                                                         Vs.

                  1.B.Padmanaban

                  2.Chinammal

                  3.B.Balasubramaniyan

                  4.Parameswari                                          .. Respondents

                  Prayer: This Civil Revision Petition is filed under Article 227 of the
                  Constitution of India, against the fair and decretal order dated 21.09.2015
                  made in I.A.No.9081 of 2015 in O.S.No.14129 of 2010 on the file of the XIII
                  Assistant City Civil Court, Chennai.



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https://www.mhc.tn.gov.in/judis
                                                                         C.R.P.(PD).No.1564 of 2016

                                          For Petitioners    : Mr.R.Dhinesh Kumar

                                          For R1             : Mr.S.Ambalavanan

                                          For RR 2 to 4      : Not ready in notice

                                                          ORDER

(The matter is heard through “Video Conferencing/Hybrid Mode”.)

This Civil Revision Petition is filed against the fair and decretal order

dated 21.09.2015 made in I.A.No.9081 of 2015 in O.S.No.14129 of 2010 on

the file of the XIII Assistant City Civil Court, Chennai.

2.The learned counsel appearing for the petitioners and 1st respondent

submitted that the 1st respondent filed suit for partition and the said suit was

dismissed for default. Thereafter, the 1st respondent filed application to

restore the suit in I.A.No.9081 of 2015 and the said I.A.No.9081 of 2015 was

allowed on 21.09.2015. Challenging the said order dated 21.09.2015, the

petitioners have filed the present Civil Revision Petition. Pending Civil

Revision Petition, preliminary decree was passed in the suit on 15.06.2016.

Challenging the preliminary decree and judgment, the petitioners have filed

First Appeal in A.S.No.2 of 2017 and in view of the same, nothing survives

in the present Civil Revision Petition.

https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.1564 of 2016

3.Recording the above said submission made by the learned counsel

appearing for the petitioners and 1st respondent, this Civil Revision Petition is

dismissed as infructuous. No costs.

                                                                                   02.12.2021

                  krk

                  Index           : Yes / No
                  Internet        : Yes / No


                  To

                  The Learned XIII Assistant Judge,
                  City Civil Court,
                  Chennai.

https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.1564 of 2016

V.M.VELUMANI, J.

krk

C.R.P.(PD).No.1564 of 2016

02.12.2021

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