Bharadhan v. Manokaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.B. BALAJI and C.M.P.No. 5391 of 2020 1.Bharadhan 2.Bakkiyam .. Petitioners vs 1.Manokaran Baskaran (died) 2.Lalitha .. Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the petition and order made in I.A.Sr.No. 413/2020 in A.S.No.29/2019 dated 21.01.2020 on the file of Additional Sub Judge, Puducherry. For Petitioners :

Mrs.Vasudha Thiagarajan For Respondents :

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ORDER

Heard the learned counsel for the petitioner. 2.

Learned counsel for the petitioner states that the suit was partly decreed and as against the disallowed portion, the revision petitioners preferred first appeal in A.S.No. 53 of 2018, which was dismissed on 31.01.2019, as against which, second appeal has been filed and the same is pending in S.A.No. 195 of 2023.

3.

Subsequent to dismissal of A.S.No.53 of 2018 as against the decree, the defendant has preferred first appeal in A.S.No. 29 of 2019. In the said first appeal, the revision petitioners took out an application questioning the maintainability of the appeal and the same came to be dismissed.

4.

However, Mrs.Vasudha Thiagarajan, learned counsel fairly states that the appeal in A.S.No. 29 of 2019 has also been subsequently disposed of and second appeal in S.A.No. 196 of 2023 has been filed and the same is pending.

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5.

In view of the above, I do see any purpose in keeping this revision pending. However, liberty is granted to the petitioners to canvass the maintainability of the first appeal in the pending second appeals.

6.

This civil revision petition stands disposed with above liberty. No costs. Connected miscellaneous petition is closed. 16.09.2025 Index:Yes/No ssm To The Additional Sub Judge, Puducherry.

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P.B. BALAJI, J.

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