N.Annamalai Chettiyar vs L.R.M.K.L.Ramakrishnan @ Kannan
2023 Latest Caselaw 7166 Mad

                                                                        C.R.P(MD)No.1471 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 27.06.2023

                                                   CORAM

                                  THE HON'BLE MR.JUSTICE C.SARAVANAN

                                          C.R.P(MD)No.1471 of 2023

                     N.Annamalai Chettiyar                     ...Petitioner/Petitioner/
                                                                  Plaintiff

                                                      Vs.

                     SP.RM.L.Ramakrishnan Chettiyar (Died)

                     L.R.M.K.L.Valliyammal Aachi (Died)

                     1.L.R.M.K.L.Ramakrishnan @ Kannan

                     2.RM.Ramakrishnan

                     3.R.Annamalai

                     4.R.Subramanian

                     5.L.RM.K.Subramanian

                     6.S.Ramanathan

                     7.S.Ramakrishnan

                     8.L.Valliyappan                           ...Respondents/Respondents/
                                                                  Defendants


                     PRAYER: Civil Revision Petition is filed under Article 227 of
                     Constitution of India, to issue a direction to dispose of E.P.No.22 of
https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                 C.R.P(MD)No.1471 of 2023

                     2021 in O.S.No.345 of 1989 pending on the file of the District Munsif
                     Court, Sivagangai.


                                         For Petitioner     : Mr.N.Tamilmani


                                                          ORDER

The present Civil Revision Petition has been filed for a direction to

the learned District Munsif, Sivagangai to dispose of E.P.No.22 of 2021

in O.S.No.345 of 1989.

2. The said suit appears to have been filed by the petitioner for a

permanent injunction against the respondents/defendants and the suit

came to be decreed on 30.04.1993.

3. Aggrieved by the same, one of the defendants appear to have

taken up the issue and preferred an appeal in A.S.No.48 of 1983, which

came to be dismissed on 28.02.1994. Further an appeal in S.A.No.893 of

1994 has been filed before this Court. After dismissal of S.A.No.893 of

1994 on 11.01.2021, the petitioner has filed E.P.No.22 of 2021.

4. The present Civil Revision Petition stands allowed at the time of

admission after dispensing with notice on the respondents as no adverse https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.1471 of 2023

orders are proposed to be passed against the respondents by directing the

learned District Munsif, Sivagangai to dispose of E.P.No.22 of 2021 in

O.S.No.345 of 1989 subject to service of notice on all the

respondents/defendants if notice has not already been served as

expeditiously as possible within a period of three months from the date

of service of notice on all the contesting respondents. However, while

passing an order in the above E.P., the learned District Munsif,

Sivagangai shall also examine the execution petition filed in the year

2021 in respect of the judgment and decree passed on 30.04.1993 was

within the period of limitation under Article 136 of the Limitation Act,

1963. No costs.

                                                                               27.06.2023
                     NCC          :   Yes / No
                     Index        :   Yes / No
                     Internet     :   Yes / No
                     sn


                     To

                     1.The learned District Munsif,
                       Sivagangai.

                     2.The Section Officer
                       Vernacular Section,

Madurai Bench of Madras High Court, Madurai.

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

C.R.P(MD)No.1471 of 2023

C.SARAVANAN,J.

SN

C.R.P(MD)No.1471 of 2023

27.06.2023

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