S.Viswanathan (Died) vs Sri Sumatheendra Swamy Mutt
2021 Latest Caselaw 5398 Mad

                                                                          C.R.P.(MD)No.1474 of 2014

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 01.03.2021

                                                     CORAM

                              THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                            C.R.P.(MD)No.1474 of 2014
                                                      and
                                              M.P.(MD)No.1 of 2014

                1.S.Viswanathan (Died)
                2.V.Vinoth Kumar                                            : Petitioners

                                                        Vs.

                Sri Sumatheendra Swamy Mutt, Srirangam
                Srirengam, represented by its Power Agent
                L.Sureendra Kumar.                                          : Respondent

                (2nd petitioner was brought on record as legal representative of the sole
                petitioner, vide order of this Court, dated 02.06.2018 made in C.M.P.(MD)No.
                8695 of 2017)


                PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of
                India, to set aside the judgment and decree, dated 28.11.2013 made in O.S.No.
                84 of 2005 on the file of the I Additional District Court, Tiruchirapalli.


                          For Petitioners              :Mr.S.M.S.Johnny Basha
                          For Respondent               :Mr.R.Ramanlal
                                                       ****




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                                                                         C.R.P.(MD)No.1474 of 2014


                                                      ORDER

This revision is directed against the contested decree in O.S.No.84 of

2005, dated 28.11.2013.

2.This revision is clearly an abuse of process of Court. The Honourable

Supreme Court in the case of Virudhunagar Hindu Nadargal Dharma

Paribalana Sabai and others vs Tuticorin Educational Society and others

reported in (2019) 9 SCC 538, has categorically held that when there is a

remedy by way of appeal, this Court shall not exercise its jurisdiction under

Article 227 of Constitution of India to set aside legally passed decrees of Civil

Courts. Hence, this revision is dismissed. It is open to the petitioners to file an

appeal, if they are so advised. No costs. Consequently, connected

miscellaneous petitio is closed.

                Index       : Yes/No                                       01.03.2021
                cmr

                To

1.The I Additional District Judge, Tiruchirapalli.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.1474 of 2014

R.SUBRAMANIAN, J.

cmr

C.R.P.(MD)No.1474 of 2014

01.03.2021

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