In a civil revision petition seeking to set aside an order determining future income in a partition suit, the High Court dismissed the petition as incapable of being proceeded with because the impugned order had become final against certain respondents.
The Civil Revision Petition was dismissed as incapable of being proceeded with; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD)No.2464 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(MD)No.2464 of 2008
Palpandian ... Petitioner/Respondent/ Defendant Vs.
Gnanaprakasam (died) 1.Helan Gnanaprakasam 2.Elisabath alias Raju Kannan 3.Sam Fransis Arunraja 4.Lawrence 5.Victor Anto 6.Jerry Selvi ...Respondents/Petitioners/ Plaintiffs
PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A.No.933 of 2004 in O.S.No.628 of 1993 on the file of the Principal District Munsif Court, Tenkasi, dated 22.08.2006.
For Petitioner :Mr.S.Girish For R2, R3, R4 and R6 :Dismissed For R5 :No appearance ****
ORDER
This revision is directed against the order determining future income in a suit for partition.
2.This revision has been dismissed as against R2 to R4 and R6, who are heirs of the plaintiff in the Original Suit, in whose favour a decree for partition has been granted. In view of the same, the order impugned in the Civil Revision Petition has become final against some of the plaintiffs, therefore, the Civil Revision Petition cannot be continued against others. Hence, this Civil Revision Petition is dismissed as in capable of being proceeded with. No costs.
Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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C.R.P.(MD)No.2464 of 2008
To
1.The Principal District Munsif, Tenkasi.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies)
Order made in C.R.P.(MD)No.2464 of 2008 01.03.2021
SRK(CO) SRS (12/03/2021) 2P : 4C
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1 issue framed by the court
Whether a civil revision petition filed against an order determining future income in a partition suit can be continued against parties where the decree has become final against some and is not appeal
1 provisions across 1 enactments
Palpandian
Helan Gnanaprakasam
Elisabath alias Raju Kannan
Sam Fransis Arunraja
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
