Madras High CourtCRP/842/2023disposed of

Banumathy v. Saradammal

2023-04-19Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2023

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN and C.M.P.No.6366 of 2023 Banumathy ... Petitioner Vs.

1.Saradammal 2.Latha 3.Rushyandhini 4.Virudhupachu Alias Vasu 5.Ramani 6.Ragini 7.Jagadeeswari ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to set aside the fair and decreetal order dated 12.09.2022 passed in I.A.No.2 of 2021 in A.S.No.44 of 2011 on the file of the Additional Subordinate Court, Ponneri.

For Petitioner : Mr.N.R.Anantha Rama Krishna For Respondents : Mr.R.Krishnasamy 1/4

ORDER

This Civil Revision Petition is filed aggrieved by the order dated 12.09.2022 passed in I.A.No.2 of 2021 in A.S.No.44 of 2011 on the file of the Additional Subordinate Court, Ponneri, seeking to receive additional grounds in which one of the grounds of appeal had been inadvertently omitted.

3. The learned counsel for the respondents submitted that after 12 years the petitioner has come up by way of this revision in order to protract the litigation, as he has no objection.

4. Considering the facts and circumstances, this Civil Revision Petition is disposed of by setting aside the order passed by the trial Court in I.A.No.2 of 2021 in A.S.No.44 of 2011 by directing the the appellate Court to permit the petitioner to add additional grounds as requested and both the parties are further directed to proceed with the arguments in the case positively on 05.06.2023. The trial Court is directed to take up the matter on 05.06.2023 and hear the arguments and pass orders as per the law. 2/4

5. Accordingly, the Civil Revision Petition is disposed of. No costs. Consequently, connected C.M.P.No.6366 of 2023 is closed. 19.04.2023 (1⁄2) jai Note: Issue order copy on 02.05.2023 To

1. The Additional Subordinate Court, Ponneri.

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Dr. D. NAGARJUN, J.

jai 19.04.2023 (1⁄2) 4/4