Madras High Court
R.Prabu vs Santhanalakshmi on 22 August, 2023
CRP Nos.2175 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM:
THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN
C.R.P.No.2175 of 2020
and CMP Nos.13688 of 2020
and 23007 of 2022
R.Prabu ... Petitioner
Vs
1. Santhanalakshmi
2. N.P.Srinivasan
3. D.Dhandapani ... Respondents
PRAYER: Civil Revision Petitions filed under Section 115 CPC against the
order dated 05.12.2019 passed in I.A.No.2 of 2019 in I.A.No.1 of 2019 in
A.S.No.31 of 2015 on the file of Principal District Judge, Vellore.
For Petitioner : Mr.P.Chandrasekar
For Respondents : Mr.N.Kumar
ORDER
The suit in O.S.No.114 of 2005 is a suit for declaration of title of the
second respondent. In the said suit, the trial Court rendered a judgment on
07.08.2014. Aggrieved by the same, A.S.No.12 of 2014 and A.S.No.31 of 2015
have been presented. It is the case of the petitioner that the Court fee paid in
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CRP Nos.2175 of 2020
A.S.No.31 of 2015 is improper because the same was filed without an
application under Section 149 of Civil Procedure Code. He filed a Memo to
that effect. The Memo was rejected, against which, CRP No.3703 of 2017 was
filed. At the time of dismissal of CRP No.3703 of 2017, this Court gave the
following observation:-
“ 5. The Civil Revision Petition is dismissed with
liberty to the petitioner to raise the above ground
during arguments before the Appellate Court.
Consequently, the connected miscellaneous petition is
closed. No costs.”
2. Aggrieved by the said observation, a Special Leave Petition was
preferred to the Supreme Court. The said Special Leave Petition was dismissed
in the following terms:-
“ Since the High Court has reserved liberty to the
petitioner to raise the issue of valuation for the
purposes of Court fee at the hearing of the appeal,
we see no reason to entertain the Special Leave
Petition.”
3. Yet again, an application was filed in I.A.No.1 of 2019. In this
application, the prayer was to dispose of the interlocutary application first
before disposal of A.S.No.12 of 2014 and A.S.No.31 of 2015. Taking into
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CRP Nos.2175 of 2020
consideration the previous orders of this Court, the appellate Judge dismissed
the application. Aggrieved by the same, the present revision has been filed.
4. The narration of the aforesaid facts would go to show that the
petitioner filed a Memo, seeking to decide the issue of valuation. This Court
ordered that the issue of court fee will be tried along with the appeal. Against
which, he preferred Special Leave Petition before the Supreme Court and the
Supreme Court also confirmed the same. Yet again, filing another application
for the very same prayer is nothing but abuse of process of Court.
5. The High Court and the Supreme Court having directed the appellate
Court to decide the issue of Court fee, I am certain the appellate Court would
take into consideration the orders at the time of passing the appeals. To seek for
the appellate Court to decide the issue of court fee before taking up the appeal
is an invitation to the Court not to follow the orders of the superior Courts.
Such kind of invitation deserves only rejection and it had been rightly rejected
by the lower appellate Court. Therefore I do not find any reason to interfere
with the order passed by the Principal District Judge, Vellore in I.A.No.2 of
2019 in I.A.No.1 of 2019 in A.S.No.31 of 2015.
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CRP Nos.2175 of 2020
V.LAKSHMINARAYANAN,J.
Sr
6. In the result, the Civil Revision Petition is dismissed. No costs.
7. The appeal suit is of the year 2015 arising out of the suit for the year
2005. Therefore, the appellate Court is requested to dispose of the appeal
within a period of three months from the date of receipt of a copy of this Order.
The appellate Court is requested to take into consideration the previous orders
passed by this Court in the Revision as well as the Special Leave Petition at the
time of disposal of the appeal. In case, if it feels either party is dragging on the
matter, absolute discretion is given to the Court to proceed with the matter,
ignoring such obstructions.
22.08.2023
Index:Yes/No
Speaking order/Non-speaking order
sr
To
The Principal District Judge,
Vellore.
CRP Nos.2175 of 2020
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