Varadhan vs G.Mani (Died)
2024 Latest Caselaw 20315 Mad

Madras High Court

Varadhan vs G.Mani (Died) on 25 October, 2024

                                                                                     C.R.P.No.1357 of 2011



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 25.10.2024

                                                         CORAM

                             THE HONOURABLE THIRU JUSTICE A.D.JAGADISH CHANDIRA

                                                  C.R.P.No.1357 of 2011

                 Varadhan                                                             .... Petitioner

                                                             vs


                 1.G.Mani (died)
                 2.G.Krishnamurthy
                 3.G.Venkatesan
                 4.G.Anbzhagi
                 5.G.Shanthi
                 6.G.Vijaya
                 7.M.Saravana
                 8.M.Bharath
                 9.P.Somya
                 (Respondents 7 to 9 are brought on record as
                  LRs of the deceased 1st respondent vide Court
                  order dated 08.03.2024 made in CMP No.
                  4304 of 2024 in CRP No.1357 of 2011)                                .... Respondents

                            Civil Revision Petition filed under Article 227 of the Constitution of India
                 against fair and decreetal order dated 31.01.2011 passed in I.A.No.38 of 2009 in
                 A.S.No.99 of 2008 on the file of Principal District Court, Tiruvallur.
                                        For Petitioner       : Mr.K.Rajkumar

                 1/4


https://www.mhc.tn.gov.in/judis
                                                                                  C.R.P.No.1357 of 2011

                                                             For Mr.R.Bharath Kumar

                                       For Respondents      : Mr.R.Vijaya Raghavan
                                                              For R.2 to R.6
                                                              Ms P.Radhika
                                                              For R.7 to R.9
                                                              R.1 – died

                                                      ORDER

The Civil Revision Petition has been filed against the fair and decreetal

order dated 31.01.2011 passed in I.A.No.38 of 2009 in A.S.No.99 of 2008 on the

file of Principal District Court, Tiruvallur.

2. The respondent in A.S.No.99 of 2008 on the file of Principal District

Court, Tiruvallur has filed the present revision. During the pendency of the

appeal, the respondents herein, who are the appellants in A.S.No.99 of 2008 have

filed an application in I.A.No.38 of 2009 under Order 41 Rule 27 of Code of Civil

Procedure, seeking for filing of additional evidence. The lower appellate Court

has allowed the application by impugned order dated 31.01.2011. Challenging the

same, the present revision has been filed by the petitioner, who is the respondent

in A.S.No.99 of 2008.

3. It is now submitted by the learned counsel for the respondents that no

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

stay was granted by this Court and the lower appellate Court, after marking

Exs.B.1 to B.17, as additional documents, allowed A.S.No.99 of 2008 on

31.01.2011 and as against the judgment passed in A.S.No.99 of 2008 the revision

petitioner herein has filed Second Appeals in S.A.Nos.401 and 402 of 2011 and

the same are pending before this Court and therefore submits that the Civil

Revision Petition may be closed as they have become infructuous.

4. Learned counsel for the revision petitioner submits that liberty may be

granted to the petitioner to canvas his submissions before this Court in

S.A.Nos.401 and 402 of 2011.

5. In view of the above, CRP No.1357 of 2011 is closed with a liberty to

the revision petitioner to make his submissions in S.A.Nos.401 and 402 of 2011.

No costs.

25.10.2024 sr Index:yes/no website:yes/no A.D.JAGADISH CHANDIRA,J,.

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

sr

To

The Principal District Court, Tiruvallur

25.10.2024

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