Thankaraj vs Rajendran
2023 Latest Caselaw 13924 Mad

                                                                       C.R.P.(MD)No.2650 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 16.10.2023

                                                     CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                           C.R.P.(MD)No.2650 of 2023
                                                     and
                                           C.M.P(MD)No.13817 of 2023

                    Thankaraj                               : Petitioner/Petitioner/
                                                                             1st Respondent

                                                      Vs.

                    1.Rajendran

                    2.Selvaraj

                    3.Palayyan

                    4.Dasayyan

                    5.Kirisanthi Mary

                    6.Nesayyan                              : Respondents/ Respondents
                                                                            Appellants

                    Prayer : This Civil Revision Petition filed under Article 227 of
                    Constitution of India, to set aside the docket order, dated 25.07.2023
                    passed in unnumbered I.A.No.... of 2023 in A.S.No.97 of 2006 on the file
                    of the Sub Court, Kuzhithurai.



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https://www.mhc.tn.gov.in/judis
                                                                            C.R.P.(MD)No.2650 of 2023


                                      For Petitioner     : Mr.M.P.Senthil

                                                        ORDER

The Civil Revision Petition is directed against the order of return,

dated 25.07.2023 in unnumbered I.A.No.... of 2023 in A.S.No.97 of 2006

on the file of the Sub Court, Kuzhithurai, returning the petition filed under

Order 41 Rule 21 C.P.C.

2. This Court, in S.A(MD)No.408 of 2010, vide judgment dated

07.09.2022 has remanded the matter to the Appellate Court, directing the

said Court to receive the additional evidence, if any and dispose of the

appeal within a period of three months. But according to the learned

counsel for the petitioner, he was not informed about the stage of the

appeal by the counsel, who represented him before the trial Court and that

without hearing the arguments of the petitioner, the impugned judgment

was pronounced. When the petition to rehear the appeal was filed, the

learned Judge has returned the papers as if the arguments of both sides

were heard.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2650 of 2023

3. It is seen from the impugned judgment that the learned appellate

Judge himself has noted that though a counsel was appearing for the

petitioner earlier, subsequently, no arguments was advanced.

4. In view of the above, the petitioner is directed to represent the

petition and on such representation, the learned Appellate Judge is

directed to take the petition on file, if it is otherwise in order and proceed

with the same in accordance with law.

5.With the above observation and direction, the Civil Revision Petition

is disposed of. No costs. Consequently, connected Miscellaneous Petition

is closed.

16.10.2023 NCC :yes/No Index :yes/No Internet :yes/No das

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2650 of 2023

K.MURALI SHANKAR,J.

das

To

1.The Sub Court, Kuzhithurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in C.R.P.(MD)No.2650 of 2023 and C.M.P(MD)No.13817 of 2023

Dated : 16.10.2023

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