Disposed¶34

Palanisamy v. Ayyappan

Madras HC14 Feb 2025CRP/3453/2023

Case brief

AI extract

What is this about?

Article 227 revision; consent/time-bound disposal; execution proceedings E.P.No.7 of 2022 in O.S.No.282 of 2019; order dated 19.06.2023; District Munsif Court and Principal District Munsif Court, Bhavani; appeal A.S.No.14 of 2022 Sub Court Bhavani; six-month deadline to First Appellate Court; EP kept in abeyance till suit disposal; no costs; Madras High Court; decision dated 14-02-2025; parties Palanisamy, Thiyagarajan, Chinnasamy v. Ayyappan.

What did the court decide?

Both Civil Revision Petitions disposed of without costs; First Appellate Court (Sub Court, Bhavani in A.S.No.14 of 2022) directed to dispose of the suit within six months from receipt of a copy of the order; EP proceedings ordered to remain in abeyance till final disposal of the Suit. ¶34

Palanisamy Vs Ayyappan — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the two Civil Revision Petitions under Article 227 challenging the order dated 19.06.2023 in E.P.No.7 of 2022 in O.S.No.282 of 2019 should be set aside, or disposed of in terms of the joint request of counsel with directions for time-bound disposal of the pending first appeal and keeping the execution proceedings in abeyance.

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Court's answer

In view of the submissions of both learned counsel, both Civil Revision Petitions are disposed of in the above terms, with no costs, and the First Appellate Court is directed to dispose of the suit (A.S.No.14 of 2022).

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Ratio / Principle

The First Appellate Court shall dispose of the said suit within a period of six months from the date of receipt of a copy of the order.

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Key takeaways

Till the final disposal of the Suit, the EP proceedings shall be kept in abeyance.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (N. Senthilkumar, J.), by common order dated 14-02-2025, disposed of two Civil Revision Petitions under Article 227 of the Constitution - CRP.No.3453 of 2023 filed by the plaintiffs (Palanisamy, Thiyagarajan, Chinnasamy) and CRP.No.1263 of 2023 filed by the defendant (Ayyappan) - both challenging the order dated 19.06.2023 in E.P.No.7 of 2022 in O.S.No.282 of 2019 on the file of the District Munsif / Principal District Munsif Court, Bhavani. Since both learned counsel jointly agreed to prosecute the pending first appeal A.S.No.14 of 2022 before the Sub Court, Bhavani (then at the stage of argument) and sought a timeline, the Court disposed of both revisions without costs, directed the First Appellate Court to decide the suit within six months from receipt of a copy of the order, and directed that the EP proceedings remain in abeyance till final disposal of the Suit.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-02-2025

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CORAM

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THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

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CRP NOs. 3453 and 1263 of 2023

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PALANISAMY 2. Thiyagarajan

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Chinnasamy

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….Petitioner in CRP.No.3453 of 2023

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Ayyappan ….Petitioner in CRP.No.1263 of 2023

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AYYAPPAN ..Respondent in CRP.No.3453 of 2023 1. PALANISAMY 2. Thiyagarajan

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Chinnasamy ..Respondents in CRP.No.1263 of 2023

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S/o.Ramasamy, Kuthukaran thottam, Kurichi Village, Bhavini Taluk, Erode District.

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Respondent(s)

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PRAYER in CRP.No. 3453 of 2023: Civil Revision Petition filed under 227 Constitution of India, praying to set aside the order dated 19.06.2023 made in E.P.No.7 of 2022 in O.S.No.282 of 2019 on the file of the District Munsif Court, Bhavani

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PRAYER in CRP.No. 1263 of 2023: Civil Revision Petition filed under 227 Constitution of India, praying to set aside the order dated 19.06.2023 made in E.P.No.7 of 2022 in O.S.No.282 of 2019 on the file of the Principal District Munsif Court, Bhavani

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In CRP.No.3453 of 2023

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For Petitioner(s):

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Mr. S.Lakshmanasamy

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

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For Respondent(s): M/s. B.Mohan For Sole Respondent

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In CRP.No.3453 of 2023

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For Petitioner(s):

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Mr.S.Bharanidharan

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For Respondent(s): Mr. S.Lakshmanasamy

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COMMON ORDER

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Both the Civil Revision Petitions are filed by the Plaintiff and the defendant respectively, challenging the order passed in E.P.No. 7 of 2022 in O.S.No. 282 of 2019

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by the District Munsif, Bhavani.

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Both the learned counsels agreed before this Court that they will get along with the appeal

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pending before the Sub Court, Bhavani in A.S.No.14 of 2022 and requested this Court to give directions to the trial Court to dispose the appeal within a time line as fixed by this Court.

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Since it is represented by both the learned counsel on either side that the appeal suit is at

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the stage of argument, necessary directions may issued to be First Appellate Court to dispose

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

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of the same, within a time frame as fixed by this Court.

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In view of the submissions made by both the learned counsels, the Civil Revision Petitions are disposed of in the above terms. No costs. The First Appellate Court is hereby directed to

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dispose of the said suit within a period of six months from the date of receipt of a copy of this

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order. It is made clear that till the final disposal of the Suit, the EP proceedings shall be kept in abeyance.

14-02-2025

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