S.Ulaganayagi vs Balasubramanian
2022 Latest Caselaw 169 Mad

                                                                          C.R.P. (NPD) No.403 of 2021
                                                                             and CMP No.3439 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 04.01.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                       Civil Revision Petition (NPD) No.403 of 2021
                                                and CMP No.3439 of 2021

                     1. S.Ulaganayagi

                     2. S.Balakrishnan

                     3. B.Punitha                                              .. Petitioners



                                                           Vs.
                     1. Balasubramanian

                     2. Gnanasekaran

                     3. Karuppanna Gounder

                     Periyanachammal (Died)

                     4. Karuppasamy

                     5. Periyathal                                              .. Respondents



                     PRAYER: Civil Revision Petition filed under Article 227 of Constitution of

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                C.R.P. (NPD) No.403 of 2021
                                                                                   and CMP No.3439 of 2021

                     India, praying to set aside the decree and judgment dated 04.11.2020 passed

                     in E.A.32 of 2013 in E.P.No.63 of 2008 in O.S.No.158 of 1996 on the file of

                     the learned District Munsif, Dharapuram.


                                              For Petitioners     : Mr.S.Kumara Devan


                                                                ORDER

The order challenged in this Revision is one dismissing an application

filed under Order XXI Rule 97 of the Code of Civil Procedure, obstructing

execution of a decree passed in OS No.158 of 1996.

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

and order passed in an application filed under Order XXI Rule 97 of the

Code of Civil Procedure, is an appellable order and hence the Revision under

Article 227 of the Constitution of India cannot be entertained.

3. Leaving it open to the petitioners to prefer an Appeal against the

order passed by the Trial Court in EA No.32 of 2013, this Revision is

dismissed. Consequently, the connected miscellaneous petition is closed.

https://www.mhc.tn.gov.in/judis C.R.P. (NPD) No.403 of 2021 and CMP No.3439 of 2021

No costs.

4. The pendency of the Civil Revision Petition shall be taken into

account by the Appellate Court in considering the delay in filing the Civil

Miscellaneous Appeal. The Registry is directed to return the certified copies

of the orders of the Trial Court made in EA No.32 of 2013 to the counsel for

the petitioners on 05.01.2022.

                     jv                                                             04.01.2022
                     Index: Yes/No
                     Internet: Yes/No

Speaking order/Non Speaking Order

Note: Issue order copy on 05.01.2022

To

1. The District Munsif, Dharapuram.

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

https://www.mhc.tn.gov.in/judis C.R.P. (NPD) No.403 of 2021 and CMP No.3439 of 2021

R.SUBRAMANIAN, J.

jv

Civil Revision Petition (NPD) No.403 of 2021 and CMP No.3439 of 2021

04.01.2022

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