Disposed

Periyasamyraja v. Narayanasamy (DIED)1. Sellamuthu

Madras HC7 Dec 2018CRP/3895/2018

Case brief

AI extract

What is this about?

Court disposed of a civil revision petition under Article 227 seeking direction to number a pending First Appeal. Held that the appellate court must number the appeal if in order to prevent disturbance of plaintiffs possession. Petition disposed of with direction to number appeal within one week.

What did the court decide?

Directed the learned Subordinate Judge, Sankari to direct his Registry to number the appeal in A.S.SR.No.980 of 2012 within one week if otherwise in order. No costs.

Periyasamyraja Vs Narayanasamy (DIED)1. Sellamuthu — Company and Corporate | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.12.2018

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CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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C.R.P. (NPD) No.3895 of 2018
Periyasamyraja ...Petitioner
vs
Narayanasamy (died)
Sellamuthu ...Respondent

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Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned Subordinate Judge, Sankari to number the A.S.SR.No.980 of 2012 filed on 20.01.2012 as against the Judgment and Decree passed in O.S.No.428 of 2004 on the file of the District Munsif Court, Sankari.

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For Petitioner : Mr.R.Marudhachalamurthy

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O R D E R

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The limited prayer sought for in the present revision petition is for a

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direction to the trial Court to number the A.S.SR.No.980 of 2012, as against the Judgment and Decree passed in O.S.No.428 of 2004.

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http://www.judis.nic.in

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The second plaintiff, who is the petitioner herein in O.S.No.428 of

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2004 has filed the suit along with the deceased Narayanasamy, before the District Munsif Court, Sankari for permanent injunction. The said suit was dismissed against which, the plaintiffs have preferred First Appeal before the Sub Court, Sankari.

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It is seen that the appeal papers have not yet been numbered and

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not even returned with any endorsement by the First Appellate Court. As the

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plaintiffs have filed the First Appeal, it is incumbent on the part of the First Appellate Court, either to return the appeal papers, if it is not otherwise in order or number the same, if it is in order and dispose of the matter. As the First Appeal has not yet been numbered, it is alleged by the petitioner that the defendants are trying to disturb the plaintiffs peaceful possession and enjoyment.

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Hence, it would be appropriate to direct the learned Subordinate Judge, Sankari to direct his Registry to number the appeal in A.S.SR.No.980 of 2012, within a period of one week from the date of receipt of copy of this order, if it is otherwise in order.

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http://www.judis.nic.in

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Accordingly, the Civil Revision Petition stands disposed of. No

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costs.

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07.12.2018
Index:Yes/No
Speaking Order: Yes/No
hvk
To
The Subordinate Judge,
Sankari.

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http://www.judis.nic.in

M.S.RAMESH.,J

hvk

C.R.P. (NPD) No.3895 of 2018

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07.12.2018

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http://www.judis.nic.in

Periyasamyraja v. Narayanasamy (DIED)1. Sellamuthu

Case brief

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Periyasamyraja v. Narayanasamy (DIED)1. Sellamuthu

Case brief

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