Allowed

The Prince of Arcot v. a. Sampath Raj

Madras HC23 Jun 2017CRP(MD)/1196/2017

Case brief

AI extract

What is this about?

Halting a Civil Revision Petition challenging a dismissal of an interlocutory application. The court directed the Principal District Judge to dispose of the Transfer Order on its merits within a month whole ignoring previous erroneous observations made during the interim.

What did the court decide?

The Learned Principal District Judge to take up Transfer Order No. 35 of 2016 and pass orders on merits by 31.07.2017.

The Prince of Arcot Vs a. Sampath Raj — Civil Procedure and Limitation | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:23.06.2017

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CORAM:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.R.P.(MD)No.1196 of 2017 and C.M.P.(MD)No.5655 of 2017

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The Prince of Arcot Endowments represented by its Accredited Agent U.Khalilullah having office at GMAK Block 2^nd Floor, NSB Link Road, Tiruchirappalli-2. ...Petitioner/Petitioner

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1.A.Sampath Raj 2.A.Xavier Chandar 3.P.Magdaleine pamila Rani 4.A.Jerald Shantharajan 5.X.Nirmala Rani 6.A.Jaraldin Soundarrajan

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...Respondents/Respondents

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PRAYER:Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order dated 17.10.2016 in I.A.No.377 of 2016 in Transfer O.P.No.35 of 2016 on the file of the Principal District Court, Tiruchirappalli, allow the I.A.No.377 of 2016 in Transfer O.P.No.35 of 2016 on the file of the Principal District Court, Tiruchirappalli.

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For Petitioner : Mr.K.S.Shankar Murali

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ORDER

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This Civil Revision Petition is directed against the dismissal of the application in I.A.No.377 of 2016 in Transfer O.P.No.35 of 2016 on the file of the Principal District Court, Tiruchirappalli.

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2.The main grievance of the revision petitioner is that while passing orders in the Interlocutory application, the trial Court has gone into the merits of the case and made some erroneous observation and it will prejudice his case during trial and another point canvassed by the revision petitioner is that the Interlocutory https://hcservices.ecourts.gov.in/hcservices/ application is dismissed and the Transfer O.P. is still pending and if the Court below proceeds with the case, it would defeat the very purpose of the filing of Transfer O.P.

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3.Considering the submissions made by the Counsel appearing for the revision petitioner, this Court is of the opinion that it is suffice to direct the Principal District Judge, to take up Transfer O.P.No.35 of 2016 and pass orders on merits and the observations made in the Interlocutory applications shall have no bearing on any Court and the Court below shall not take into consideration any observation made in the said order. The said Transfer O.P., may be disposed of as expeditiously as possible preferable by 31.07.2017

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4.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(P & A)

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/True Copy/

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Sub Assistant Registrar

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The Principal District Judge, Tiruchirappalli.

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+1cc to Mr.K.S.Shangar Murali Advocate in SR. No.61765 MM/SMI JS/JC/SAR.1/7.7.2017/2P-3C

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C.R.P.(MD)No.1196 of 2017 and C.M.P.(MD)No.5655 of 2017 23.06.2017

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https://hcservices.ecourts.gov.in/hcservices/

The Prince of Arcot v. a. Sampath Raj

Case brief

What is this about?

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The Prince of Arcot v. a. Sampath Raj

Case brief

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