Dismissed

H.Anbazhagan v. R. Yogalakshmi

Madras HC22 Aug 2024CRP/994/2024

Case brief

AI extract

What is this about?

In CRP No.994 of 2024, the Madras High Court applied Virudhunagar Hindu Nadargal Dharma case law to dismiss a revision petition under Article 227 of the Constitution as an appeal was maintainable under Order XLIII Rule 1 CPC. The Court dismissed the revision but granted liberty to file an appeal within thirty days, with instructions to the Subordinate Judge to accept the appeal without insisting o

What did the court decide?

Revision dismissed. Liberty granted to file appeal within 30 days. Subordinate Judge directed to accept appeal without certified copy or Section 5 application.

H.Anbazhagan Vs R. Yogalakshmi — Civil Procedure and Limitation | Madras HC (2024)

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CRP No.994 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.08.2024

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CORAM

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THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

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CRP No.994 of 2024 &

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C.M.P.Nos.5097 & 5098 of 2024

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1.H.Anbhazhagan 2.A.Baskar 3.A.Jayakumar 4.G.Natarajan : Petitioners

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versus

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1.R.Yogalakshmi 2.B.Jagan Prasath 3.A.Ramana 4.R.Aravindan 5.G.Dhandapani 6.S.Maruthu : Respondents

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Prayer: Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 30.01.2024 in I.A.No.1 of 2023 in O.S.No.148 of 2023 passed by the learned Additional District Munsif Court, Tirupattur, Vellore District.

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For Petitioners : Mr.S.Dharmakkan

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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For Respondents 3, 4 & 6 : Mr.M.Himavanth

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CRP No.994 of 2024

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ORDER

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This civil revision petition challenges the order passed by the learned Additional District Munsif (FAC), Tirupattur, Vellore District in I.A.No.1 of 2023 in O.S.No.148 of 2023.

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I.A.No.1 of 2023 is an application filed under Order XXXIX Rule 1

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and 2 of the Code of Civil Procedure.

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In terms of Order XLIII Rule 1(r) read with Section 104, an appeal

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is maintainable before the learned Subordinate Judge at Tirupattur. Hence, I am not inclined to entertain this revision.

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I noticed that the order was passed on 30.01.2024 and this revision was filed on 26.02.2024 i.e., within the period of limitation to prefer an appeal before the learned Subordinate Judge.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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CRP No.994 of 2024

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The Supreme Court in Virudhunagar Hindu Nadargal Dharma

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Paribalana Sabai and Others v. Tuticorin Educational Society and Others, (2019) 9 SCC 538 has held that where an appeal is maintainable under Order XLIII Rule 1, this court should normally not interfere in exercise of its power under Article 227 of Constitution of India.

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Following the said judgment, this revision is dismissed, granting liberty to the petitioners to prefer an appeal before the learned Subordinate Judge within thirty days from today. In case an appeal is filed within thirty days from today, the learned Subordinate Judge shall number the appeal without insisting an application under Section 5 of the Limitation Act. Learned Subordinate Judge is requested to act with the webcopy of the order of this Court, without insisting the certified copy of this order for numbering the appeal.

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22.08.2024

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Note: Registry is directed to return the Certified copy of the fair and decreetal order, which have been enclosed in this petition to the civil revision

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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CRP No.994 of 2024

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petitioner after obtaining an usual endorsement.

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Index : Yes/No Speaking Order/Non-speaking order Neutral Citation : Yes/No

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