J. Jayakar v. J. Susheela

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 117 of 2017 and C.M.P. No. 543 of 2017 J. Jayakar .. Petitioner Vs.

1. J. Susheela

2. J. Jawahar .. Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 15.12.2016 passed in I.A. No. 142/2016 in O.S. No. 5348 of 2012 pending on the file of XVIII Additional Judge, City Civil Court, Chennai. For Petitioner : Dr. C. Ravichandran for M/s. P.C. Harikumar Associates For Respondents : Mr. K. Chandrasekaran for R1 Mr. Sundar Narayan for R2

O R D E R

This revision petition arises against the fair and decreetal order dated 15.12.2016 passed in I.A. No. 142/2016 in O.S. No. 5348 of 2012 pending on the file of XVIII Additional Judge, City Civil Court, Chennai.

2. The learned counsel for the petitioner would submit that the petitioner has filed the instant application filed under Section 12(3) of the Court Fee and Suit Valuation Act, to determine the proper valuation of the suit schedule property and to ascertain the correct court fee paid thereon as a preliminary issue in the said suit. Although the 1st respondent/ plaintiff stated no objection in allowing the said application, the court below has erroneously dismissed the application. Aggrieved by the said order dated 15.12.2016, the present revision petition has been filed before this Court.

3. The learned counsel for the 2nd respondent also had no serious objection before this Court, in allowing the said application.

4. With the consent of the learned counsel for all the parties, this Court is inclined to pass the following order :-

1. The I.A. No. 142/2016 in O.S. No. 5348 of 2012 is allowed and the order dated 15.12.2016 passed in I.A. No. 142/2016 in O.S. No. 5348 of 2012 pending on the file of XVIII Additional Judge, City Civil Court, Chennai is set aside.

2. The court below is directed to decide the preliminary issue, as raised by the petitioner in the instant application as preliminary issue, on merits, after providing opportunity to the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

5. The Civil Revision Petition is allowed, with the above direction. Consequently, the connected Miscellaneous Petition is closed. No order as to costs.

19.01.2018 Index : Yes/ No Speaking order/ Non speaking order

D. KRISHNAKUMAR J., avr To The XVIII Additional Judge, City Civil Court, Chennai.

CRP (PD) No. 117 of 2017 and C.M.P. No. 543 of 2017 19.01.2018