The Madras High Court allowed a Civil Revision Petition filed under Article 226 of the Constitution of India to set aside a decree dated 16.12.2016. The order was passed without addressing the merits of the case following the respondent's submission of no objection.
The Civil Revision Petition is allowed; the order dated 16.12.2016 is set aside; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2017
CORAM:
THE HONOURABLE Ms.JUSTICE V.M.VELUMANI
C.R.P.(PD)No.485 of 2017 & C.M.P.No.2439 of 2017
P.K.V.Raghunathan
.. Petitioner
Vs.
Shyamprasad .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decree dated 16.12.2016, passed in I.A.No.108 of 2016 in O.S.No.24 of 2015, on the file of the District Munsif, Mahe.
For Petitioner : Mr. T.Mathi For Respondent : Ms.S.S.Shanthoshima for M/s.Saravabhauman Associates
ORDER
The Civil Revision Petition has been filed praying to set aside
the order and decree dated 16.12.2016, passed in I.A.No.108 of 2016 in O.S.No.24 of 2015, on the file of the District Munsif, Mahe.
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the learned counsel appearing for the respondent.
submitted that she has no objection in allowing this Civil Revision Petition and she has made an endorsement to that effect.
the learned counsel for the respondent, without deciding the issue on merits, the Civil Revision Petition is allowed. The order passed in I.A.No.108 of 2016, dated 16.12.2016 is set aside. No costs. Consequently, connected
Miscellaneous Petition is closed.
19.06.2017
Speaking Order/Non-speaking Order Index : Yes pvs
To
The District Munsif, Mahe
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V.M.VELUMANI, J.
pvs
C.R.P.(PD)No.485 of 2017 & C.M.P.No.2439 of 2017
19.06.2017
2 issues framed by the court
Whether the Civil Revision Petition filed under Article 226 of the Constitution of India can be allowed despite the lack of a hearing on merits when the respondent has no objection.
Whether the order dated 16.12.2016 dated in I.A.No.108 of 2016 in O.S.No.24 of 2015 should be set aside on the application for civil revision.
P.K.V.Raghunathan
Shyamprasad
V.M.VELUMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
