Annamalaithai v. R. Dheenadayalan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN 1.Annamalaithai 2.Jothilakshmi 3.P.Saraswathi 4.Kaleeswari 5.S.Amudha 6.Balaji Kumar 7.Ganesh Kumar (Cause-title accepted vide court order dt.13.6.24 made in CMP.

No.9571/2024 in CRP SR 42487/2024) .. Petitioners -vs1.D.Dheenadayalan 2.R.Murugesan 3.N.lakshmi 4.Nagaraj .. Respondents Prayer: Revision petition filed under Section 115 of CPC against the order passed in IA No.2 of 2023 in OS No.5967 of 2013, dated 03.01.2024, on the file of III Assistant City Civil Judge, Chennai. For Petitioners :

Mr.P.Ananda Kumar * * * * *

ORDER

This is a revision challenging the order passed under Order IX Rule 9 of the Code of Civil Procedure by the learned III Assistant Judge, City Civil Court at Chennai in I.A.No.2 of 2023 in O.S.No.5967 of 2013 dated 03.01.2024.

2. Under order XLIII Rule 1 of the Code of Civil Procedure, this is an appealable order and the revision is not maintainable. I notice from the endorsement made on the bundle that immediately on receipt of the certified copy of the impugned order, revision was preferred before this Court.

3. Therefore, this civil revision petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.

4. If an appeal is filed by the petitioner on or before 09.08.2024, the Registry of the City Civil Court shall entertain the appeal without insisting on an application under Section 5 of the Limitation Act.

5. The Registry of this Court is directed to return the original of the certified copy of the order and decretal order in I.A.No.2 of 2023 in O.S.No.5967 of 2013 dated 03.01.2024 to the learned counsel appearing for the petitioner after obtaining usual endorsements. 19.07.2024 Index : Yes/No : Yes/No sra To The III Assistant City Civil Judge, Chennai.

V. LAKSHMINARAYANAN, J.

(sra) 19.07.2024