Susheela v. P S Natarajan
Case brief
What is this about?
The Court directed the Subordinate Judge to number an included application regarding property missing from the preliminary decree and to dispose of it within one month after resuming physical hearings.
What did the court decide?
Direction to the Subordinate Judge to number I.A.S.R.No.1708 of 2020 and dispose of it within one month after notice to parties.
What the court decided
C.R.P.(PD).No.1540 of 2020 and C.M.P.No.8843 of 2020
M. GOVINDARAJ, J.
The matter is listed today under the caption “for being mentioned” at the instance of the learned counsel for the petitioner.
- The learned counsel for the petitioner would submit that there is
some typographical error in the order passed by this Court dated 01.09.2020. He would further submit that the trial Court has returned the application without numbering the same for including the property in the final decree, whereas, it is typed as dismissed refusing to include the property in the preliminary decree.
- Hence, the Registry is directed to replace the word 'dismissed' in paragraph Nos.1 and 2 as 'returned' and replace the words “preliminary decree”
as “final decree” in the lines four and five of paragraph No.2.
29.09.2020
Note: Registry is directed to carry out the necessary corrections and issue fresh order copy to the parties by 05.10.2020.
asi/ms
Issues for consideration
3 issues framed by the court
Whether the Subordinate Judge, Palladam, should be directed to number the included application regarding property in the decree.
Whether the petitioner should be granted time to dispose of the numbered application after notice.
Whether the Civil Revision Petition challenging the non-numbering of an application should be allowed.
Parties & counsel
- petitioner
Susheela
- respondent
P.S.Natarajan
- respondent
N.Sundrambal
- respondent
Ponnusamy
- respondent
Chitra
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court