N.Seenivasan vs S.Mahendhiraraj
2024 Latest Caselaw 20317 Mad

Madras High Court

N.Seenivasan vs S.Mahendhiraraj on 25 October, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                               C.R.P.(MD)No.2687 of 2024




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Dated : 25.10.2024

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             C.R.P.(MD)No.2687 of 2024
                                                       and
                                            C.M.P.(MD)No.15359 of 2024

                N.Seenivasan                                   ... Petitioner/Petitioner /Appellant

                                                         Vs.


                S.Mahendhiraraj                          ... Respondent / Respondent / Respondent

                Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
                India, as against the fair and decreetal order passed in I.A.No.5 of 2023 in
                A.S.No.2 of 2022 on the file of the Sub Court, Sathur, dated 20.09.2024.


                          For Petitioner      : Mr.H.Arumugam


                                                     ORDER

Heard the learned counsel appearing for the revision petitioner. Issuance

of notice to the respondent is dispensed with.

2. The revision petitioner figured as defendant in O.S.No.41 of 2014 on

the file of the District Munsif Court, Sattur. In the said suit, the respondent

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

herein sought the relief of declaration and permanent injunction. The suit was

decreed. The counter claim was dismissed vide Judgment and decree dated

06.06.2019. Challenging the same, the petitioner herein filed A.S.No.2 of 2022

before the Sub Court, Sattur. The case of the revision petitioner is that the

jurisdictional Tahsildar recommended to the RDO for rectification of the

revenue record. The RDO however took the stand that only after disposal of

the civil suit, he can look into the matter. The revision petitioner is caught in a

bind. His success in the civil proceedings would depend upon the revenue

record. Therefore, the revision petitioner has filed W.P.(MD)No.18623 of 2023

challenging the stand of the RDO and seeking correction of the revenue record

in the light of the recommendation made by the jurisdictional Tahsildar. Citing

the pendency of the writ petition, the petitioner herein filed I.A.No.5 of 2023

before the Sub Court, seeking stay of the appeal proceedings filed by him. The

court below vide order dated 20.09.2024 dismissed IA. Challenging the same,

this civil revision petition came to be filed.

3. There is some merit in the contention of the learned counsel appearing

for the revision petitioner. But then, I will not be justified in calling upon the

court below to wait for an indefinite period of time. It is for the petitioner to

get the writ petition speedily disposed of. In order to give breathing time to the

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petitioner herein, I direct the Sub Court, Sattur to keep A.S.No.2 of 2022 on

hold without taking up 'for final disposal' for a period of four months from

today. It is for the petitioner herein to expedite disposal of the writ petition in

the meanwhile.

4. The Civil Revision Petition is disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                                    25.10.2024

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


                To:

                The Sub Court, Sathur.




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






                                  G.R.SWAMINATHAN, J.

                                                             rmi









                                                    25.10.2024




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