V.Thilagavathi v. G.Alamelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.5328 of 2024 Mrs.V.Thilagavathi ... Petitioner Vs.

Mrs.G.Alamelu

...Respondent

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the exparte judgment and decree dated 31.01.2007 made in O.S.No.310 of 2006 on the file of the Principal District Munsif, Villupuram.

For Petitioner : M/s.A.E.Ravichandran

ORDER

The Civil Revision Petition is filed seeking to set aside the exparte decree and judgment dated 31.01.2007 passed in O.S.No.310 of 2006 on the file of Principal District Munsif, Villupuram.

2. When the matter is taken up for hearing, the learned counsel for the 1/4

petitioner submitted that challenging the very same decree, an appeal was filed with the delay of 2442 days before Sub-Court, Villupuram and the said condone delay petition was dismissed. Aggrieved by the same, the petitioner filed a revision in CRP.Sr.No.10500 of 2024.

3. The present civil revision petition is filed by the petitioner nearly after 20 years. When the petitioner is having a remedy of appeal and the same has already been filed, he is not entitled to pursue this revision simultaneously. Therefore, this Court is not inclined to entertain this revision.

4. In view of the above, this Civil Revision Petition is dismissed with liberty to the petitioner to pursue the revision filed by him in CRP.Sr.No.10500 of 2024. Consequently, the connected miscellaneous petition is closed. No costs.

18.03.2024 Index : Yes / No Internet : Yes / No nr 2/4

To The learned Principal District Munsif, Villupuram. 3/4

S.SOUNTHAR , J.

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