Dismissed

N. Chellasamy v. M. Valli

Madras HC11 Apr 2018CRP(MD)/99/2018

Case brief

AI extract

What is this about?

The Madurai Bench dismissed the civil revision petition seeking to set aside a temporary injunction order, recognizing the availability of an appeal as an alternative remedy. It directed the Trial Court to hear the appeal on merits expeditiously.

What did the court decide?

Civil Revision Petition dismissed granting liberty to file appeal; Trial Court directed to number without limitation period and decide on merits expeditiously.

N. Chellasamy Vs M. Valli — Civil Procedure and Limitation | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated:11.04.2018

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CORAM

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The Hon'ble Mr.Justice M.V.MURALIDARAN

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N.Chellasamy .. Revision Petitioner/1^st respondent/ 1^st defendant

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M.Valli ... 1^st Respondent/Petitioner/Plaintiff

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2.A. Mandhachi ... 2^nd Respondent/2^nd Respondents /2^nd Defendants

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Prayer: Civil Revision Petition filed under Article 227 of Constitution of India praying to call for the records relating to the fair and decreetal order passed in I.A. No. 483 of 2016 in O.S.No.160 of 2016 dated 10.11.2017 on the file of the District Munsif Court, Sivagangai and set aside the same.

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For Petitioners : Mr.D.Selvaraj For Respondents No.1 : Mr.SMP.Amalan No.2 : No appearance

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ORDER

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The Civil Revision Petitioner is the 1^st defendant in O.S.No.160 of 2016 on the file of the District Munsif Court, Sivagangai and the suit was filed for permanent injunction, during the pendency of which, the plaintiff had filed an application in I.A. No. 483 of 2016 in O.S.No.160 of 2016 for temporary injunction, which was allowed by the Trial Court on 10.11.2017. Aggrieved over the same, the 1^st defendant is before this Court.

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In this revision petition, the petitioner, who is the 1^st defendant in O.S.No.160 of 2016 has challenged the order passed under Order 39 Rules 1 & 2 of CPC, which is appealable in nature.

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In view of the appeal provision available to the petitioner, this Civil Revision Petition is disposed of granting liberty to the petitioner to prefer an appeal against the order passed in I.A No. https://hcservices.ecourts.gov.in/hcservices/ 483 of 2016 before the concerned Court within a period of one month from the date of receipt of a copy of this order and on such filing,

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the Trial Court is directed to number the appeal without reference to the period of limitation and decide the same on merits and in accordance with law as expeditiously as possible.

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No Costs. Consequently connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-I)

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/True Copy/

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Sub Assistant Registrar

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Copy to:

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The District Munsif, Sivagangai.

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+1cc to M/S.D.Selvaraj, Advocate SR.No. 61439 +1cc to M/S.M.S.JeyaKarthik, Advocate SR.No. 60759

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CRP (MD) No.99 of 2018 and C.M.P(MD) No. 449 of 2018

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aav/ar JM/JC/SAR 4/08.05.2018/2P/4C

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

N. Chellasamy v. M. Valli

Case brief

What is this about?

What did the court decide?

N. Chellasamy v. M. Valli

Case brief

What is this about?

What did the court decide?

What the court decided

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