The High Court dismissed a civil revision petition under Article 226 as infructuous because the original suit was already decreed, directing the subordinate court to expedite the pending appeal suit.
The Subordinate Judge is directed to conduct the appeal suit as expeditiously as possible within three months.
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.
CRP(MD)No.115 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRP(MD)No.115 of 2014 and M.P(MD) No.1 of 2014
Seeniammal
... Petitioner
versus
1.Subbalakshmi
2.Seeniraj
... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 07.11.2013 made in I.A.No.1643 of 2013 in O.S.No.216 of 2006 on the file of the Court of Principal District Munsif, Sankarankovil.
For Petitioner : Mr.N.Rahamadullah
For Respondents : No appearance
ORDER
There is no representation of the respondent.
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CRP(MD)No.115 of 2014
that the original suit in O.S.No.216 of 2006, on the file of the Court of Principal District Munsif, Sankarankovil, is already disposed of in favour of the petitioner/plaintiff on 06.04.2022. However, the respondent/ defendant has preferred appeal suit in A.S.No.11 of 2022 and the same is pending.
01.03.2023
NCC : Yes/ No Index : Yes / No Internet : Yes / No cp
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CRP(MD)No.115 of 2014
To
The Principal District Munsif, Sankarankovil.
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CRP(MD)No.115 of 2014
L.VICTORIA GOWRI,J.
cp
CRP(MD)No.115 of 2014 and M.P(MD) No.1 of 2014
01.03.2023
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1 issue framed by the court
Whether a civil revision petition to set aside an order in an original suit is maintainable when the original suit has been previously decreed but is pending on appeal.
1 provisions across 1 enactments
Seeniammal
1.Subbalakshmi
2.Seeniraj
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
