Plaintiff in a partition suit challenged the trial court's order issuing notice on purchasers' application for a final decree. The High Court held that mere issuance of notice is not an order revisable under Article 227 or Section 115 CPC and dismissed the civil revision petition, leaving objections to be raised before the trial court.
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C.R.P.No.2512 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2024
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
C.R.P.No.2512 of 2024
Dr.Nirmala .. Petitioner
Vs. 1. V.Krishnakumar 2. S.Vadivel 3. S.Kalyanasamy 4. Subash Seghal 5. A.Rajan .. Respondents
Prayer: Petition filed under Article 227 of the Indian Constitution,
against the order of notice in I.A.No.1 of 2023 in O.S.No.64 of 2011 dated 21.12.2023 on the file of the 1st Additional District Judge, Coimbatore.
For Petitioner : Mr.G.Vikash Anand
ORDER
This civil revision petition is filed against the order of issuing notice by the I Additional District Judge, Coimbatore, in I.A.No.1 of 2023 in O.S.No.64 of 2011.
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C.R.P.No.2512 of 2024
injunction by the civil revision petitioner. The suit came to be decreed, not granting in entirety the relief that was sought by the plaintiff. In and by way of the judgment dated 28.04.2016, the learned I Additional District Judge, Coimbatore granted a decree for partition, giving half share to the plaintiff and half share to the defendants.
respondents 1 to 3 herein. Respondents 1 to 3 before me are lis
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C.R.P.No.2512 of 2024
pendens
pendens purchasers. The alienation is by way of a registered sale deed. As the plaintiff did not take any steps after passing of the preliminary decree, the purchasers took out an application in I.A.No.1 of 2023 seeking for passing of a final decree by appointment of an Advocate Commissioner to divide the suit property in terms of the preliminary decree. The learned I Additional District Judge has ordered notice in the said application on 21.02.2024. Challenging the same, the present civil revision petition has been filed at the instance of the plaintiff.
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C.R.P.No.2512 of 2024
as to costs. Consequently, C.M.P.No.13174 of 2024 is closed.
18.07.2024
Neutral Citation : Yes/No
drm
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C.R.P.No.2512 of 2024
V.LAKSHMINARAYANAN, J.
(drm)
C.R.P.No.2512 of 2024
18.07.2024
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1 issue framed by the court
Whether a revision lies against an interlocutory order issuing notice in a final decree application.
3 provisions across 2 enactments
Dr.Nirmala
V.Krishnakumar
S.Vadivel
S.Kalyanasamy
Subash Seghal
A.Rajan
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
