Deepa v. Ramaiah
Case brief
What is this about?
The Single Judge dismissed the Civil Revision Petition filed under Section 115 CPC with liberty. The petitioner was allowed to withdraw the revision upon setting aside the challenged ex parte decree, thereby unlocking the remedy available via pending interlocutory applications.
What did the court decide?
Civil Revision Petition dismissed as withdrawn with liberty to agitate remedies if ex parte decree is set aside; connected Miscellaneous Petition closed.
What the court decided
C.R.P. (NPD) No. 2263 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2021
CORAM
THE HON'BLE Mr. JUSTICE P.D. AUDIKESAVALU
C.R.P. (NPD) No. 2263 of 2017
and
C.M.P. No. 10666 of 2017
1. Deepa
2. Kavitha @ Pachaiammal ... Petitioners
-vs-
1. Ramaiah
2. Varatharajan
3. Jayaprakash Narayanan
4. Lohia
5. Kuppusamy ... Respondents
Prayer:- Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, 1908, praying to set aside the Fair and Decreetal Order of the District Munsif Court at Sankari dated 11.07.2016 in I.A. No. 1487 of 2010 in I.A. No. 405 of 2009 in O.S. No. 146 of 2009.
For Petitioners : Mr. P.Valliappan For Respondents : Mr. N.Manokaran
1/4
Issues for consideration
1 issue framed by the court
Whether the Civil Revision Petition challenging an ex parte decree should be allowed given the existence of a pending appeal on the matter.
Parties & counsel
- petitioner
Deepa
- petitioner
Kavitha @ Pachaiammal
- respondent
Ramaiah
- respondent
Varatharajan
- respondent
Jayaprakash Narayanan
- respondent
Case details
As recorded by the court registry
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