Vasantha vs Nagasundaram Mudaliar (Died)
2021 Latest Caselaw 10521 Mad

                                                                               C.R.P.(NPD).No.2115 of 2018

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 23.04.2021
                                                        CORAM:
                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
                                              C.R.P.(NPD).No.2115 of 2018
                                              and C.M.P.No.12910 of 2018

                      1.Vasantha
                      2.S.Balaji
                      3.S.Latha
                      4.S.Kanthappa
                      5.S.Dinakaran
                      6.S.Jayanthi
                      7.S.Johnsirani @ Rani                                              ... Petitioners
                                                           Vs

                      Nagasundaram Mudaliar (Died)
                      Dayanandan Mudaliar (Died)
                      S.Ponnurangam (Died)
                      Arumugam Mudaliar                                               ... Respondent

                      Prayer: Civil Revision Petition filed under Section 115 of CPC, against the

                      docket Order dated 07.07.2018 passed by the II Additional District Judge,

                      Ranipet in I.A.SR.No.1948 of 2018, declining to take the same.

                                  For Petitioners      : Mr.Giridhar and Sai

                                  For Respondent       : M/s.Sri Ranjini for M/s.T.P.Prabakaran

                                                       **********
                                                       ORDER

This Civil Revision Petition is filed against the docket Order dated

http://www.judis.nic.in C.R.P.(NPD).No.2115 of 2018

07.07.2018 passed by the II Additional District Judge, Ranipet in

I.A.SR.No.1948 of 2018, declining to take the same, thereby return for want

of corrections.

2. The petitioners are the plaintiffs and the respondents are the

defendants in the suit. The petitioners filed a suit for partition. The suit was

dismissed by the Judgment and Decree dated 23.08.2010. Aggrieved by the

same, the petitioners filed appeal suit in A.S.No.6 of 2012. While pending

the appeal, the petitioners filed an application only in the year 2018 for

direction not to raise any construction in the suit property till the disposal of

the appeal against the respondents under Section 151 of CPC. The First

Appellate Court returned the said application questioning the

maintainability. Again on 28.06.2018 the petitioners represented the

application by endorsing with the First Appellate Court as got inherent

power under Section 151 of CPC to entertain the petition. Again the said

application was returned for the previous to be complied. It seems

thereafter, the petitioners filed to represent the same.

3. That apart, the appeal suit was filed in the year 2012 and the

http://www.judis.nic.in C.R.P.(NPD).No.2115 of 2018

present Civil Revision Petition was filed in the year 2018. Therefore, the

present Civil Revision Petition was filed only to drag the proceedings. This

Court finds no infirmity or irregularity in the order passed by the First

Appellate Court, while returned the application for certain compliance.

4. Accordingly, this Civil Revision Petition is dismissed. However, the appeal suit is of the year 2012, the Appellate Court dispose the appeal within the period of three months from the date of receipt of a copy of this order, if not already disposed of. If at all any grievance passed by the petitioners they are at liberty to file appropriate petition before the Appellate Court. Consequently, connected miscellaneous petition is closed. No order as to costs.

23.04.2021 Internet:Yes Index:Yes/No Speaking/Non speaking order rna

To

The II Additional District Judge, Ranipet.

G.K.ILANTHIRAIYAN. J,

rna

http://www.judis.nic.in C.R.P.(NPD).No.2115 of 2018

C.R.P.(NPD).No.2115 of 2018 and C.M.P.No.12910 of 2018

23.04.2021

http://www.judis.nic.in