IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-03-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN C.R.P.No.2387 of 2009 and M.P.No.1 of 2009 L.Rajendran .. Petitioner. Versus L.Siddarthan .. Respondents. PRAYER: Petition filed under Article 227 of the Constitution of India, against the order, dated 20.7.2009, made in I.A.No.4795 of 2007 in O.S.No.8592 of 2005, on the file of III Assistant Judge, City Civil Court, Chennai. For Petitioner : Mr.K.V.Sundararajan For Respondent : Mr.M.Aravind Subramaniyan O R D E R This Civil Revision Petition has been filed against the order, dated 20.7.2009, made in I.A.No.4795 of 2007, in O.S.No.8592 of 2005, on the file of the III Assistant Judge, City Civil Court, Chennai. 2.The petitioner in the interlocutory application in I.A.No.4795 of 2007 had prayed for the grant of stay of all proceedings in O.S.No.8592 of 2005, stating that the issue arising for consideration of the trial Court, in O.S.No.8592 of 2005, is directly and substantially an issue in a previously instituted suit, in O.S.No.2430 of 1999 and in A.S.No.964 of 2004, on the file of the High Court, Chennai. The trial Court had dismissed the said interlocutory application by its order, dated 20.7.2009, stating that Section 10 of the Civil Procedure Code, 1908, will not apply to the case in hand. 3. At this stage of the hearing of the civil revision petition it has been brought to the notice of this Court that the appeal suit in A.S.No.964 of 2004, filed against the judgment and decree, dated 3.6.2003, made in O.S.No.2430 of 1999, had been disposed of by this Court, by its order, dated 7.12.2009. Since, no proceedings are pending, either in O.S.No.2430 of 1999, or in A.S.No.964 of 2004, the present civil revision petition is infructuous. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned counsel appearing on behalf of the petitioner had stated that steps are being taken by the petitioner to file a S.L.P before the supreme Court. 5. In view of the averments made on behalf of the parties concerned, it is found that the present civil revision petition is infructuous. Hence, it is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar csh To 1. The III Assistant Judge, City Civil Court, Chennai. 2. The Registrar, City Civil Court, Chennai. 1 cc To Mr.K.V.Sundararajan, Advocate, SR.16625. 1 cc To Mr.M.Arvind Subramaniyan, Advocate, SR.16327. C.R.P.No.2387 of 2009 CK(CO) RVL 17.03.2010 https://hcservices.ecourts.gov.in/hcservices/