Renuka v. Masilraj
Case brief
What is this about?
The Madras High Court held that the civil revision petition was not maintainable as an application to restore a dismissed interlocutory application was pending in the lower court. The court directed the lower court to decide the pending application within 15 days and disposed of the revision petition without costs.
What did the court decide?
The case was disposed of; no costs awarded; lower court directed to decide pending application within 15 days.
What the court decided
A compact analysis
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.1276 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.1276 of 2023 and C.M.P(MD)No.6285 of 2023
Renuka
... Petitioner / Defendant
Vs
Masilraj
... Respondent / Plaintiff
Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order in E.A.No.1 of 2022 in E.P.No.43 / 2021 in O.S.No.150/2017 passed by the Principal Sub Court, Tirunelveli, dated 24.11.2022.
Issues for consideration
2 issues framed by the court
Whether the civil revision petition is maintainable while an application for condonation of delay in execution proceedings is pending.
Whether a stay order is appropriate in execution proceedings where a remedy exists in a pending application.
Parties & counsel
- petitioner
Renuka
- respondent
Masilraj
Coram
G.ILANGOVAN
Case details
As recorded by the court registry
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