Rajagurunathan vs Kasthuri
2024 Latest Caselaw 4842 Mad

Madras High Court

Rajagurunathan vs Kasthuri on 1 March, 2024

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                           C.R.P(MD).No.567 of 2024



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 01.03.2024

                                                      CORAM :

                                  THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

                                              C.R.P(MD)No.567 of 2024

                     1.Rajagurunathan
                     2.Rajeswari                                 ... Petitioners / Defendants

                                                          Vs

                     1.Kasthuri
                     2.Slochana                                  ... Respondents / Plaintiff


                     Prayer :       Civil Revision Petition is filed under Article 227 of the

                     Constitution of India, to call for the records and set aside the fair and

                     decreetal order passed in I.A.No.1 of 2023 in A.S.No.13 of 2023 dated

                     03.11.2023 on the file of the Sub Judge, Sattur.



                                     For Petitioner   : Mr.R.Ravindran




                     1/4

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                                                                                  C.R.P(MD).No.567 of 2024



                                                          ORDER

This Civil Revision Petition is filed to call for the records and set

aside the fair and decreetal order passed in I.A.No.1 of 2023 in A.S.No.

13 of 2023 dated 03.11.2023 on the file of the Sub Judge, Sattur.

2. The suit in O.S.No.51 of 2020 is filed before the District

Munsif, Sattur, for declaration and for recovery of possession after

vacating the premises. That was decreed as prayed for by the trial Court

on 20.03.2023. Regarding the recovery of possession three months time

was fixed. Judgment was pronounced on 20.03.2023, against which an

appeal was filed in A.S.No.13 of 2023 before the Subordinate Court,

Sattur. Along with the memorandum of appeal I.A.No.1 of 2023 was

filed seeking stay of the operation of the judgment and decree dated

20.03.2023, passed by the learned District Munsif, Sattur. That came to

be dismissed by the appellate Court. Against which this Civil Revision

Petition is filed, stating that without assigning any reason it was

dismissed.

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3. Whatever it may be, since the appeal itself is ripe for hearing,

there shall be a direction to the appellate Court to complete the process of

appeal and dispose the same on its own merits, at the earliest.

4. With the above direction, this Civil Revision Petition is

disposed of. No costs.

01.03.2024

NCC :Yes/No Index :Yes/No Internet : Yes/ No

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To

1.The Subordinate Judge, Sattur.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

G.ILANGOVAN, J.

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ORDER IN

01.03.2024

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