The Madurai Bench dismissed a revision petition seeking to set aside an impugned order returning a plaint to the Waqf Tribunal. The court held the order was appealable under Order 43 Rule 1(a), rendering the revision non-maintainable.
Revision petition dismissed with liberty to file an appeal; impugned order returned to petitioner.
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.447 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
CRP(MD).No.447 of 2023
Meenakshi Sundaram .. Petitioner/5th Respondent/5th Plaintiff Vs. 1.Umar John ... 1st Respondent/Petitioner/Defendant 2.S. Murugan 3.S.Ganesan (died) 4.Girija 5.Karuppasamy 6.Selvaraj ... Respondents 2 to 6/Respondents 1 to 4 6 /Plaintiffs 1 to 4 & 6 PRAYER : Revision Petition filed under Section 115 of the Code of Civil Procedure, to call for the records relating to the fair and decretal order made in I.A.No.8 of 2022 in O.S.No.344 of 2016 on the file of the Additional District Munsif, Tirunelveli, dated 09.11.2022 and consequential judgment and decree made in O.S.No.344 of 2016 dated 09.11.2022 to set aside the same.
For Petitioner : Mr.V.Sasikumar
ORDER
The fifth plaintiff in a suit for permanent injunction is the revision petitioner herein.
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CRP(MD).No.447 of 2023
22.02.2023
Index : Yes / No Internet : Yes / No Rmk
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CRP(MD).No.447 of 2023
To The Additional District Munsif, Tirunelveli.
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CRP(MD).No.447 of 2023
R.VIJAYAKUMAR ,J.,
Rmk
Order made in CRP(MD).No.447 of 2023
Dated: 22.02.2023
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1 issue framed by the court
Whethera revision petition is maintainable against an order returning a plaint under Order 7 Rule 10 of the Code of Civil Procedure.
2 provisions across 1 enactments
Meenakshi Sundaram
Umar John
S. Murugan
S. Ganesan
Girija
Karuppasamy
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
