The Headmaster vs V.Suganthi
2023 Latest Caselaw 9236 Mad

                                                                                     C.R.P.No.2365 of 2019

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED : 28.07.2023
                                                            CORAM
                                  THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
                                        Civil Revision Petition No.2365 of 2019
                                              and C.M.P.No.13592 of 2019


                The Headmaster
                Panchayat Union Primary School
                Baluchettychatram Village
                Kanchipuram Taluk and District.                                ...    Petitioner
                                                     -Vs-



                V.Suganthi
                Trustee
                Baluchettychatram Trust
                Baluchettychatram Village
                Kancheepuram Taluk.                                            ...    Respondents

                Prayer : Civil Revision Petition under Section 115 of Civil Procedure Code against the
                fair and decreetal order dated 14.11.2018 passed in I.A.No.709 of 2017 in
                O.S.No.438 of 2010 on the file of District Additional Musif at Kancheepuram.


                                  For Petitioner     : Mr.Edwin Prabakar
                                                       Special Government Pleader (CS)

                                  For Respondents    : Mr.T.Murugamanickam, Senior Counsel
                                                       for Mr.R.Munarak Basha

                                                        ORDER

This is a revision filed under Section 115 of the Civil Procedure Code. As per

the second proviso to Section 115, unless and until allowing of the revision and

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C.R.P.No.2365 of 2019

setting aside of the trial court order puts an end to the suit, a revision is not

maintainable. This objection is pointed out to me by Mr.Murugamanickam, learned

Senior Counsel appearing for Mr.R.Munarak Basha. I am constrained to agree with

the submission of the learned counsel.

2. Considering the fact that Mr.Edwin Prabhakar would plead that vital rights

relating to immovable property are involved, I am inclined to permit the petitioner

to file an appeal against the judgment and decree in O.S.No.438 of 2010 on the file

of the District Munsif Court at Kancheepuram. The period for which this

proceedings was bonafidely undertaken ie., from 14.11.2018 till 31.08.2023 will

stand excluded. I am aware, I can exclude time only till today. However, taking

into consideration the fervent pleas of Mr.Edwin Prabhakar, I am willing to grant

thirty more days for the purpose of filing an appeal. I make it clear that this benefit

will enure only in favour of the Head Master, Panchayat Union Primary School,

Baluchettychathiram, Kancheepuram District. It is also made clear that the

Headmaster shall be entitled to raise all the grounds that are available to him under

law.

3. With the above observations, the civil revision petition is dismissed. No

costs. Consequently, connected miscellaneous petition is also dismissed.

28.07.2023 Index : Yes/No NCS : Yes/No https://www.mhc.tn.gov.in/judis

C.R.P.No.2365 of 2019

KST To

The District Additional Munsif Kancheepuram.

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

C.R.P.No.2365 of 2019

V. LAKSHMINARAYANAN, J.

KST

C.R.P. No.2365 of 2019

28.07.2023

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