C.M.P(MD)No.6649 of 2019 in C.R.P.(MD)No.SR 24380 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM THE HON'BLE MR. JUSTICE S.SOUNTHAR C.M.P(MD)No.6649 of 2019 in C.R.P.(MD)No.SR 24380 of 2019 1.Aj.Aasik Hussain 2.M.Muthiah .. Petitioners Vs. 1.Roslin Shopana Zaviar 2.Delphin Sharmila .. Respondents PRAYER in C.M.P(MD)No.6649 of 2019: Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 369 days in filing the civil revision petition. PRAYER in C.R.P.(MD)No.SR 24380 of 2019: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure to set aside the order made in I.A.No.58 of 2016 in unnumbered A.S.No....... of 2016 on the file of the Principal Sub court, Dindigul dated 16.02.2018. For Petitioners : Mr.B.Jeyakumar For Respondents : Mr.N.S.Karthikeyan for R2 R1 – dismissed (VOC 15.03.2024) * * * * * 1/4 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.6649 of 2019 in C.R.P.(MD)No.SR 24380 of 2019 ORDER It is seen from the records that the petition has already been dismissed as against the first respondent, pursuant to the order passed by this Court on 15.03.2024, owing to the failure of the petitioner to pay batta within the time stipulated. Consequently, the order of the First Appellate Court dismissing the petition to condone the delay in filing the first appeal has attained finality as against the first respondent. 2. It is further brought to the notice of this Court that, subsequent to the dismissal of the petition to condone the delay by the First Appellate Court, the petitioners instituted another suit in O.S.No.60 of 2017 seeking a declaration of title and recovery of possession in respect of the very same property. The said suit has also been dismissed. Since the comprehensive suit for declaration of title and recovery of possession in respect of the very same subject matter has already been dismissed, no useful purpose would be served in prosecuting the present Civil Revision Petition, which arises out of a suit for bare injunction. 2/4 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.6649 of 2019 in C.R.P.(MD)No.SR 24380 of 2019 3. Hence, this Civil Miscellaneous Petition is dismissed. Consequently, the Civil Revision Petition is rejected at the SR stage. No costs. 02.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn To 1.The Principal Sub court, Dindigul. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.6649 of 2019 in C.R.P.(MD)No.SR 24380 of 2019 S.SOUNTHAR , J. skn C.M.P(MD)No.6649 of 2019 in C.R.P.(MD)No.SR 24380 of 2019 02.07.2026 4/4 https://www.mhc.tn.gov.in/judis