Madras High Court
Athinarayanan vs Athan on 27 October, 2021
C.R.P.(MD)No.2608 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.(MD)No.2608 of 2012
and C.M.P.(MD) No.8300 of 2021
1. Athinarayanan
2. Rajanayagam ... Petitioners
Vs.
1. Athan
2. Backiayanathan
3. Padmanaban
4. Thiyagarajan
5. Ramachandran
6. Athisekar
7. Panchavarnam
8. Sumathi ...Respondents
PRAYER: Civil Revision Petition is filed under Article115 of
Constitution of India, against the fair and decreetal order dated
20.09.2012 in I.A.No.263/2011 in Unnumbered A.S.No. of 2021 on the
file of the learned Sub Judge, Sivagangai.
For Petitioners : Mr.V.R.Shanmuganathan
For Respondents : Mr.P.T.S.Narendravasan
for Mr.AThirumurugan
for R1.
https://www.mhc.tn.gov.in/judis/ T.Lajapathi Roy
For R6 to R8.
C.R.P.(MD)No.2608 of 2012
ORDER
This Civil Revision Petition has been filed against the fair and
decreetal order dated 20.09.2012 in I.A.No.263 of 2011 in Unnumbered
A.S.No. ... of 2011 on the file of the learned Sub Judge, Sivagangai.
2. The learned counsel for the petitioners would submit that the
main Civil Revision Petition is filed against the dismissal order in
I.A.No.263 of 2011 filed to condone the delay of 1046 days in filing
Appeal against the judgment and decree passed in O.S.No.3 of 2001,
dated 09.04.2008, by the learned District Munsif, Sivagangai. The
petitioners are the defendants 2 & 3 in the original suit. The suit had been
filed by one Athan, seeking for declaration and injunction. The suit was
dismissed on 09.04.2008. Subsequently, the said Athan had filed an
appeal in A.S.No.54 of 2012 on the file of the Sub Court, Sivagangai and
later due to compromise arise between the parties, the said Athan had
withdrawn the First Appeal.
3. The learned counsel for the petitioners would further submit that
the petitioners are defendants 2 and 3 in the original suit and if at all, the
petitioners are aggrieved due to the compromise and withdrawal of the
appeal in A.S.No.54 of 2017 on the file of the Sub Court, Sivagangai,
they
https://www.mhc.tn.gov.in/judis/ can only initiate independent proceedings by filing
C.R.P.(MD)No.2608 of 2012
separate suits and not by filing appeal. He would further submit that the
petitioners have been duly advised on that aspect and thereby, they do
not want pursue the appeal and thereby, seek to withdraw the revision
and prayed that liberty may be granted to the petitioners to workout their
relief in the manner known under law.
4. Accordingly, this Civil Revision Petition stands dismissed as
not pressed with liberty to the petitioners to workout their relief in the
manner known under law. No costs. Consequently, connected
miscellaneous petition is closed.
27.10.2021
Index :Yes/No
Internet:Yes/No
kmm
NOTE: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To
The Sub Judge, Sivagangai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(MD)No.2608 of 2012
A.D.JAGADISH CHANDIRA, J.
kmm
C.R.P.(MD)No.2608 of 2012
27.10.2021
https://www.mhc.tn.gov.in/judis/
