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Thulasidasan Nair and Another Vs. K. Sivasubramanian and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberREV. APLC (MD) Nos. 41 & 69 of 2016 & C.M.P (MD) Nos. 7572, 2508 & 7348 of 2016
Judge
AppellantThulasidasan Nair and Another
RespondentK. Sivasubramanian and Others
Excerpt:
.....1. the learned counsel for the respondents 1 to 5 filed a memo before this court stating that a final decree was passed on 19.10.2016. hence he would submit that the review applications have become infructuous. 2. the learned counsel for the review petitioners has submitted that the interim stay granted by this court in the above civil revision petition. pursuant to the order, the i additional district munsif, tirunelveli has passed the final decree on 19.10.2016. therefore the final decree passed by the learned additional district munsif, tirunelveli is in flagrant violation of the interim order granted by this court. on a perusal of the records, originally interim order was granted by this court on 8.8.2016 for a period of one week. thereafter, interim order was not extended by this.....
Judgment:

(Common Prayer: Review Applications filed under Order 47 Rule 1 and Section 114 of C.P.C. r/w Article 226 of the Constitution of India to set aside the judgement and decree passed in C.R.P(MD)No.2491 of 2015, dated 18.12.2015 by allowing the review applications.)

Common Order:

1. The learned counsel for the respondents 1 to 5 filed a memo before this Court stating that a final decree was passed on 19.10.2016. Hence he would submit that the Review Applications have become infructuous.

2. The learned counsel for the Review Petitioners has submitted that the interim stay granted by this Court in the above Civil Revision Petition. Pursuant to the order, the I Additional District Munsif, Tirunelveli has passed the final decree on 19.10.2016. Therefore the final decree passed by the learned Additional District Munsif, Tirunelveli is in flagrant violation of the interim order granted by this Court. On a perusal of the records, originally interim order was granted by this Court on 8.8.2016 for a period of one week. Thereafter, interim order was not extended by this Court.

3. Since final decree has already been passed by the trial Court on 19.10.2016.The above said review applications have now become infructuous, which have been filed against the order made in C.R.P(NPD)(MD)No.2491 of 2015, dated 18.12.2015 wherein, this Court has directed the I Additional District Munsif, Tirunelveli to dispose of I.A.No.348 of 2005 in O.S.No.708 of 1985, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

4. In view of the above reasonings, the Review Applications are dismissed as infructuous Consequently, connected Miscellaneous Petitions are dismissed. Liberty is granted to the Review Petitioners to agitate the issues raised herein before the appropriate forum. No costs.


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