Disposed¶29

A.Christus Frank Antony v. v.P.Lucy

Madras HC2 Apr 2025CRP/1093/2025

Case brief

AI extract

What is this about?

C.R.P (PD) No.1093 of 2025; C.M.P.No.6289 of 2025; High Court of Judicature at Madras; Justice P.T. Asha; decided 02.04.2025; Article 227 Constitution of India; OS.No.6612 of 2019; IA.No.6 of 2024; VII Assistant City Civil Court, Chennai; order dated 06.12.2024; permanent injunction suit; A.Christus Frank Antony v. V.P.Lucy; Head Surveyor 465V; summons for revenue records; FMB sketch; patta; consent order; file FMB sketch 05.04.2025; parties not to await orders; no costs; disposed.

What did the court decide?

FMB sketch produced in Court to be filed into the Trial Court on 05.04.2025 along with a memo and marked as an exhibit; learned Trial Judge to thereafter hear arguments and pass judgement; parties not to await orders of this Court; connected miscellaneous petition (C.M.P.No.6289 of 2025) closed; no costs. ¶29

A.Christus Frank Antony Vs v.P.Lucy — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Trial Judge's dismissal of IA.No.6 of 2024 by order dated 06.12.2024 warranted interference by way of this Civil Revision Petition under Article 227. +1 more

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Court's answer

The Civil Revision Petition stands disposed of; the connected miscellaneous petition is closed; no costs awarded.

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Ratio / Principle

On consent, the FMB sketch produced before this Court is to be filed into the Trial Court on 05.04.2025 along with a memo and marked as an exhibit; the learned Trial Judge shall thereafter hear the arguments and pass judgement.

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Key takeaways

The order directing filing of the FMB sketch was passed on consent of both the parties.ratio¶28
The parties shall not await the orders of the Court.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J) disposed of C.R.P (PD) No.1093 of 2025, a revision under Article 227 of the Constitution against the order dated 06.12.2024 of the VII Assistant City Civil Court, Chennai dismissing IA.No.6 of 2024 in OS.No.6612 of 2019 — a permanent-injunction suit by A.Christus Frank Antony against V.P.Lucy — wherein the plaintiff had sought summons to the Head Surveyor (2nd respondent) to furnish revenue records, FMB sketch and patta for the suit property. The matter was resolved on consent of both parties: the FMB sketch produced in Court was directed to be filed in the Trial Court on 05.04.2025 with a memo and marked as an exhibit, whereafter the Trial Judge is to hear arguments and pass judgement; the parties were directed not to await orders; the revision petition was disposed of, the connected miscellaneous petition closed, and no costs awarded (¶¶12, 20, 24–31).

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C.R.P (PD) No.1093 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.04.2025

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CORAM

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THE HONOURABLE MS. JUSTICE P.T. ASHA.J

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C.R.P (PD) No.1093 of 2025 and C.M.P.No.6289 of 2025

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A.Christus Frank Antony

... Petitioner

vs.

1.V.P.Lucy

2.Head Surveyor 465V + FCJ, Perambur Flyover, Bunder Garden Perambur, Chennai – 600 011.

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... Respondents

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Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 06.12.2024, passed by the VII Assistant City Civil Court, Chennai in IA.No.6 of 2024 in OS.No.6612 of 2019.

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1/5

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

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C.R.P (PD) No.1093 of 2025

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For Petitioner : Mr. Ferdinand D For Respondent 1: Mr. R.C.Paul Kanagaraj For Respondent 2: Mr. N.Muthuvel Government Advocate.

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ORDER

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The Civil Revision Petition is filed against the order dated 06.12.2024, passed by the VII Assistant City Civil Court, Chennai in

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IA.No.6 of 2024 in OS.No.6612 of 2019.

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The plaintiff / petitioner has filed a suit in OS.No.6612 of 2019 on the file of the VII Assistant City Civil Court, Chennai, seeking permanent injunction restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. Pending the suit the plaintiff taken out an application in IA.NO.6 of 2024 to issue summons to the Head Surveyor / 2^nd respondent to submit the revenue records and depose evidence of the suit property and more specifically FMB sketch and patta with regard to the suit property.

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2/5

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

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C.R.P (PD) No.1093 of 2025

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The learned Trial Judge dismissed the said application.

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Challenging the same, the petitioner is before this Court.

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Today, a FMB sketch has been produced and the same shall be

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filed into the Trial Court on 05.04.2025, along with a memo and the same shall be marked as an exhibit. The learned Trial Judge shall thereafter hear the arguments and pass Judgement. The order has been

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passed on consent of both the parties.

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