C.Manickam Vs Priya Diagnostic and Ultra Sound Centre Pvt.Ltd

To Expunge the adverse remarks made against he petitioner in the order dated 23.04.2025 in IA.No. 2 of 2025 in OS.No. 22 of 2025 made by the Honble District Munsif Sholinganallur

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CMP No. 16783 of 2025

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To Stay the operation of the adverse remarks made against the petitioner in IA.No. 2 of 2025 in OS.No. 22 of 2025 on the file of the District Munsif Sholinganallur pending disposal of the above revision petition

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CRP No. 2985 of 2025

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For Petitioner(s):

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Mr.M.Abdul Razack

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For Respondent(s): Mr G.Ezhilarasan For CAVEATOR Mr.M.Vijayan for Mr.D.Saikumarran For R1

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Order

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This Civil Revision Petition has been filed seeking to expunge the

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adverse remarks made against the petitioner in the order dated 23.04.2025

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passed in I.A. No.2 of 2025 in O.S. No.22 of 2025 on the file of the District

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

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CRP No. 2985 of 2025

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Munsif Court, Sholinganallur.

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The petitioner is the defendant in O.S. No.22 of 2025 and the 1st respondent is the plaintiff therein. The 1st respondent/plaintiff obtained an order of interim injunction in I.A. No.2 of 2025 in O.S. No.22 of 2025 before the District Munsif Court, Sholinganallur. While granting interim injunction, certain adverse remarks were made against the petitioner. Admittedly, the petitioner has preferred an appeal challenging the order dated 23.04.2025 passed in I.A. No.2 of 2025 in O.S. No.22 of 2025 before the Sub Court, Alandur, in C.M.A. No.6 of 2025, and the same is pending consideration. Simultaneously, the petitioner has also filed the present Civil Revision Petition seeking to expunge the adverse remarks made against him in the very same order. There cannot be two parallel proceedings in respect of the same grievance. The grounds raised by the petitioner in this Civil Revision Petition can very well be considered by the Appellate Court in C.M.A. No.6 of 2025. The relief sought for in this Civil Revision Petition can also be granted, by the Lower Appellate Court.

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This Court is not expressing any opinion on the merits of the contentions raised by the petitioner.

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Having chosen to avail the statutory remedy of appeal against the

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

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CRP No. 2985 of 2025

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order dated 23.04.2025 passed in I.A. No.2 of 2025 in O.S. No.22 of 2025, the petitioner ought not to have filed the present Civil Revision Petition. Any adjudication in this Civil Revision Petition may result in conflicting decisions rendered by both the Courts. The grievance of the petitioner, if any, can be effectively redressed by the Appellate Court, namely, the Sub Court, Alandur, in C.M.A. No.6 of 2025. It is represented by both the learned counsels that C.M.A. No.6 of 2025 is posted for pronouncement of orders on 15.06.2026. It is further submitted that the grounds raised in the present Civil Revision Petition were not specifically argued before the Appellate Court.

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In the above circumstances, this Court deems it fit to direct the

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Lower Appellate Court to rehear the parties in C.M.A. No.6 of 2025. The petitioner is also permitted to raise all the grounds that have been raised in the present Civil Revision Petition before the Lower Appellate Court.

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No prejudice will be caused to the respondents if such a direction is

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issued.

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Accordingly, without interfering with the impugned order and without expressing any opinion on the merits of the rival contentions, this Civil Revision Petition is disposed of by directing the Lower Appellate Court in C.M.A. No.6 of 2025 to rehear the matter by affording an opportunity to both

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

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CRP No. 2985 of 2025

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sides to advance their submissions afresh and by permitting the petitioner to raise all the contentions urged in this Civil Revision Petition. The Lower Appellate Court shall consider all the contentions raised by the respective parties and dispose of C.M.A. No.6 of 2025 on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

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12-06-2026

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

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RKA

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Note: Issue order copy on 16.06.2026.

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