S. Rajalakshmi v. V. Subramaniam

CRP No.1676 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2023

CORAM:

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN C.R.P.No.1676 of 2016 and CMP No.8965 of 2016 S.Rajalakshmi .... Petitioner Vs

1. V.Subramaniam

2. A.Duraisamy ... Respondents PRAYER: Civil Revision Petition filed under Section 115 CPC against the fair and final order dated 17.03.2016 made in E.A.No.101of 2015 in E.P.No.6 of 2011 in O.S.No.322 of 2009 on the file of Sub Court, Perundurai. For Petitioner : Mr.V.Sundaravadhanan For Respondents : Not ready in notice reg. R.1 : No appearance for R.2

ORDER

This Revision is preferred in E.A.No.101 of 2015 in E.P.No.6 of 2011 in O.S.No.322 of 2009 on the file of Subordinate Judge, Perundurai District.

2. E.A.No.101 of 2015 is an application filed under Order 21 Rule 58 of Civil Procedure Code. The petition filed under Order 21 Rule 58 of Civil https://www.mhc.tn.gov.in/judis 1/2

CRP No.1676 of 2016 V.LAKSHMINARAYANAN,J.

sr Procedure Code operates a decree and only an appeal is maintainable before the District Court at Erode. It is not a revisable order.

3. Therefore, the Civil Revision Petition is dismissed. The Petitioner is granted 30 days time from today to prefer an appeal before the District Court. If an appeal is filed within thirty days, the learned District Judge is requested to number the appeal without insisting on an application under Section 5 of Limitation Act.

No costs. Consequently, connected miscellaneous petition is closed. 21.08.2023 Index:Yes/No Speaking order/Non-speaking order sr To The Sub Court, Perundurai.

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