Ponnayyan vs Nadankutty Nadar @ Nathan Kutty (Died)
2024 Latest Caselaw 21441 Mad

Madras High Court

Ponnayyan vs Nadankutty Nadar @ Nathan Kutty (Died) on 11 November, 2024

                                                                               C.R.P.(MD)No.793 of 2017


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 11.11.2024

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                           C.R.P.(MD)(PD)No.793 of 2017
                                                       and
                                            C.M.P.(MD)No.9176 of 2017

                 Ponnayyan                                                 ... Petitioner

                                                         vs.


                 1.Nadankutty Nadar @ Nathan Kutty (Died)
                 2.Ponnesam
                 3.Vasantha
                 4.Kala
                 5.Ramesh
                 6.Suresh
                 7.Rajesh                                                  ...Respondents

                 (R2 to R7 were brought on record as LRs of the deceased sole respondent vide
                 order of this Court, dated 08.06.2023 made in C.M.P.(MD)No.1707 of 2021)

                 PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
                 India, to set aside the fair and decreetal order dated 15.03.2017 made in I.A.No.76
                 of 2017 in O.S.No.287 of 2014 on the file of the Principal District Munsif,
                 Kuzhithurai.



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https://www.mhc.tn.gov.in/judis
                                                                                 C.R.P.(MD)No.793 of 2017


                                       For Petitioner          :Mr.R.Devaraj
                                       For R1                  :Died
                                       For R5                  :No Appearance
                                       For R2 to R4, R6 and R7 :Bata due
                                                         *****

                                                        ORDER

This Civil Revision Petition has been filed challenging the order dated

15.03.2017 passed in I.A.No.76 of 2017 in O.S.No.287 of 2014 on the file of the

Principal District Munsif, Kuzhithurai.

2.The Petition was originally filed under Order VI Rule 17 r/w Section 151

of CPC. The main contention of the Revision Petitioner is with regard to the

application to amend the pleadings was filed after the cross examination.

3.Though notice was issued to the respondents at the stage of admission

stage, there is no representation for the respondents.

4.The learned Counsel for the petitioner would submit that the judgment

itself was delivered in O.S.No.287 of 2014 on 19.04.2020.

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5.Though the learned Counsel for the petitioner makes an attempt to

impress this Court that the suit itself was dismissed only for non prosecution and

not on merits, when the judgment has attained the finality and in the absence of

any appeal challenging the order passed by the Court below, whether it is an ex

parte order or on merits, nothing survives.

6.In view of the above, the Civil Revision Petition is disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                           11.11.2024

                 Internet             :Yes/No
                 NCC                  :Yes/No
                 Speaking Order       :Yes/No

                 To

The Principal District Munsif, Kuzhithurai.

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

N.SENTHILKUMAR, J.

cmr

C.R.P.(MD)(PD)No.793 of 2017

11.11.2024

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