L.Dhanapal vs Arumugm (Died) ... 1St
2024 Latest Caselaw 19232 Mad

Madras High Court

L.Dhanapal vs Arumugm (Died) ... 1St on 3 October, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                C.R.P.(MD)No.2430 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                 Dated : 03.10.2024
                                                    CORAM
                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                          C.R.P.(MD)No.2430 of 2024

                L.Dhanapal                      ... Petitioner / Petitioner / Claimant / 3rd Party

                                                       Vs.


                Arumugm (Died)                  ... 1st Respondent / 1st Petitioner / 1st Plaintiff
                1.Rengasamy
                2.Mollammal
                3.Veeramani
                4.Veerakumar                    ... Respondents 1 to 4 / Respondents 2 to 5/
                                                       Petitioners 2 to 5 / Plaintiffs 2 to 5
                Ganesan (Died)                  ... 6th Respondent/1st Respondent/1st Defendant
                5.Manimuthu
                6.Pappathi
                7.Veerammal
                8. Indira                       ... Respondents 5 to 8 / Respondents 7 to 10/
                                                       Respondents 2 to 5 / Defendants 2 to 5


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

                India, to set aside the docket order dated 24-06-2024 in Unnumbered

                E.A.No. --- of 2024 in E.P.No.47 of 2023 in O.S.No.164 of 2005 on the file of

                the Principal Sub Court, Dindigul by allowing this civil revision petition.

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                                                                                C.R.P.(MD)No.2430 of 2024




                          For Petitioner       : Mr.B.Azhagesh


                                                         ***

                                                      ORDER

Heard the learned counsel for the revision petitioner. Issuance of notice

to the respondents is dispensed with.

2.O.S.No.164 of 2005 on the file of the Principal Sub Court, Dindigul is

one for specific performance. It was decreed ex parte. To enforce the same,

E.P.No.47 of 2023 has been filed. In the said E.P., the petitioner herein filed

E.A. The only request made by the petitioner before this Court is that the E.A.

should be numbered and given a disposal on merits and in accordance with law.

3.It is well settled that when an application is filed, it must be numbered

and then thereafter disposed of. The case of the revision petitioner is that he is

a co-sharer in the suit property. The learned counsel for the revision petitioner

informs the Court that the impugned docket order was passed without notice to

the judgment holder. It is for this reason, I set aside the same without issuing

notice. The Court below shall number the petition mentioned E.A. and

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

thereafter give a disposal on merits and in accordance with law. I make it clear

that I have not gone into the merits of the matter.

4.The civil revision petition is allowed accordingly. No costs.

                                                                                 03.10.2024
                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                ias
                Issue order copy on 04.10.2024

                To:

                The Principal Sub Court,
                Dindigul.

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

G.R.SWAMINATHAN, J.

ias

03.10.2024

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