Marie Therese Anandi Vanina ... vs Pratap Prierre Gerard De Condappa
2021 Latest Caselaw 22761 Mad

                                                                            C.R.P.(NPD).No.2535 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 19.11.2021

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                               C.R.P.(NPD).No.2535 of 2021
                                                          and
                                                 C.M.P.No.18987 of 2021

                     Marie Therese Anandi Vanina Rajarathnam

                                                                .. Petitioner /Petitioner/ Third Party
                                                       Vs.
                     1.Pratap Prierre Gerard De Condappa
                                                              ..1st Respondent/ 1st respondent/
                                                                Decree Holder
                     2.Manet Ravi
                     3.Raj Maleappane
                                                          .. Respondents 2 & 3/ Respondents 2 & 3/
                                                             Judgment Debtor

                     PRAYER: Civil Revision Petitions filed under Section 115 of the Code of
                     Civil Procedure, praying to set aside the fair and decreetal order dated
                     29.09.2021 on the file of the Rent Controller I at Puducherry.


                                     For Petitioner      : Mr.R.Udhayakumar

                                                        ***********


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https://www.mhc.tn.gov.in/judis
                                                                                 C.R.P.(NPD).No.2535 of 2021



                                                         ORDER

The order challenged in this Revision is the order passed in the

application under Order XXI Rule 97 of the Code of Civil Procedure,

determining the questions under Rule 98 of Order XXI of the Code of Civil

Procedure.

2. In terms of Rule 103 of Order XXI of the Code of Civil Procedure,

such an order is made specifically appealable and is deemed to be a decree

of a civil Court. Therefore, this Revision is not maintainable. It is open to

the petitioner to take back the papers and file an appeal before the

competent Court.

3. The Registry is directed to return certified copies of the order that

has been filed along with this Revision.

4. The Executing Court is required to adjourn the Execution Petition

in E.P.No.9 of 2017 by 15 days to enable the petitioner to move the

appellate Court. No costs. Consequently, the connected miscellaneous

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.2535 of 2021

petition is closed.

                                                                         19.11.2021


                     dsa
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                     Speaking order

                     Note:-

Upload order copy by 22.11.2021.

To

The Rent Controller I, Puducherry.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.2535 of 2021

R.SUBRAMANIAN, J.

dsa

C.R.P.(NPD).No.2535 of 2021

19.11.2021

https://www.mhc.tn.gov.in/judis