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Madras High CourtCRP/364/2018disposed of

Murugavalli v. Sakthivel Murugan

2018-02-02Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.02.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRP (NPD) No.364 of 2018 and C.M.P. No.1904 of 2018 Murugavalli ..Petitioner Vs.

1.Sakthivel Murugan 2.K.Ramakrishnan 3.K.Srinivasan 4.Saraswathi 5.Kamala ..Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned District Munsif, Udumalpet to number the unnumbered E.A. No. of 2018 in E.P. No.5 of 2008 in O.S. No.130 of 2005 and dispose the same in accordance with law. For Petitioner : Mr.N.Umapathi

ORDER

This Civil Revision Petition is filed to direct the learned District Munsif Court, Udumalpet to number the unnumbered E.A. No. of 2018 in E.P. No.5 of 2008 in O.S. No.130 of 2005 and dispose the same in accordance with law.

2. According to the learned counsel for the petitioner, the petitioner has filed an application under Section 47 r/w 21 Rule 97 of the Code of the Civil Procedure. The said application filed by the petitioner has been returned by the learned District Munsif, Udumalpet, on 12.01.2018. Therefore, the petitioner has filed the present Civil Revision Petition before this Court for the aforesaid direction.

3. I have considered the submissions made by the learned counsel for the petitioner and perusal of the materials available on record. This Court is inclined to direct the revision petitioner to represent the application along with the explanation for the defects pointed out by the Court below within a period of two weeks from the date of receipt of a copy of this order.

4. Thereafter, the Court below has to consider the explanation submitted by the petitioner, if it is in order and the same shall be numbered and to decide the issue on merits in accordance with law.

5. Accordingly, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.02.2018 rkp Index :Yes/No Internet:Yes/No Speaking order/Non Speaking order Note: Issue Order Copy on 09.02.2018.

Registry is directed to return the original Application to the petitioner after obtaining a copy of the same.

To The learned District Munsif, Udumalpet.

D.KRISHNAKUMAR,J.

rkp CRP (NPD) No.364 of 2018 and C.M.P. No.1904 of 2018 02.02.2018