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Madras High CourtCRP/1452/2022disposed of

S. Anantha Kannan v. M. Subramani

2022-04-29Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2022

CORAM:

Mr. JUSTICE N.SESHASAYEE CRP.(NPD)No.1452 of 2022 1.S.Anantha Kannan 2.A.Vimal 3.A.Arthi 4.Sivagami ... Petitioners Vs.

1.M.Subramani 2.C.Duraisamy 3.Manimegalai 4.Surjeeth Kumar 5.Navamani 6.Sivamani 7.Sivarama Krishnan 8.R.Subramani 9.Nagarathna 10.Manjula 11.Murugan

...Respondents

PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the docket order dated 04.03.2022 made in A.S.SR.No.104 of 2022 on the file of Principal District Judge, Krishnagiri.

For Petitioners :

Mr.T.Arockia Dass

O R D E R

The Revision Petitioners herein are the third parties to O.S.No.251 of 2013 on the file of the Principal Sub Court, Krishnagiri. Though, the revision petitioners are the third parties to the Suit, they consider that they are affected by the order passed therein. Therefore, they preferred an appeal in A.S.(SR).No.104 of 2022 which is yet to be taken on record. 2.Heard Mr.T.Arockia Dass, the learned counsel for the revision petitioner, and also perused the papers.

3.Whenever a maintainability issue is raised by any Court, it is only appropriate that the matter is posted before the Court and the counsel concerned is given an audience by the Court. So far as the present matter is concerned, everything is transacted only under Registry level. After all, the Court cannot expect a lawyer to address the Chief Ministerial Officers on issues of maintainability.

4.This Court therefore directs the revision petitioners to re-present the papers within a period of 15 days from the date of receipt of a coy of the order before the Principal Sub Court, Krishnagiri which will post the matter before the bench if it entertains any doubt as to the maintainability of an appeal, and extend an audience to the counsel for the revision petitioner and then take a call.

5.Subject to the observation herein made, the Civil Revision Petition is disposed of at the admission stage itself. No costs. 29.04.2022 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order kas/dk To The Principal District Court, Krishnagiri.

N.SESHASAYEE, J., kas/dk CRP.(NPD)No.1452 of 2022 29.04.2022