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K.Gurusamy vs V.Somasundaram(Died)

Madras High Court|29 June, 2017

JUDGMENT / ORDER

This revision is filed challenging the dismissal of I.A.No.627 of 2015 in O.S.No.150 of 1998.
2.The Petitioner, who was the first defendant was set ex-parte and his attempt to set aside the ex-parte order failed. As against the said order refusing to set aside the ex-parte order, the Petitioner has filed C.M.A.No. 9 of 2015 on the file of Sub-Court, Melur, which is pending. I.A.No.627 of 2015 has been filed to stay of the suit till the disposal of the appeal. The said I.A.No.627 of 2015 was dismissed by the Trial Court. Aggrieved, the Petitioner has filed the instant Civil Revision Petition.
3.I do not think that the Petition could be maintained before the Lower Court. Leaving it open to the Petitioner to move the Sub-Court, Melur where the C.M.A is pending, the Civil Revision Petition is dismissed. Consequently, connected Civil Miscellaneous Petition is dismissed. No costs.
To
1.The District Munsif, Melur, Madurai District.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai..
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Title

K.Gurusamy vs V.Somasundaram(Died)

Court

Madras High Court

JudgmentDate
29 June, 2017