Suganthi v. Sivasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(NPD) NO.794 OF 2015 AND M.P.NO.1 OF 2015 1.Suganthi 2.Arjun Chakravarthy 3.Archana ...

Petitioners Vs.

1.Sivasamy 2.P.Thiyagarajan ...

Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order made in E.A.No.93 of 2013 in E.P.No.218 of 2005 in O.S.No.356 of 1991 dated 15.10.2014 on the file of the Subordinate Judge, Pollachi, Coimbatore District. For Petitioners :

Mr.C.Veeraraghavan For Respondent-2 :

Mr.L.Mouli

O R D E R

This Civil Revision Petition arises out of the order dated 15.10.2014 passed by the Executing Court in E.A.No.93 of 2013 in E.P.No.218 of 2005 in O.S.No.356 of 1991.

2.The petitioners filed the present Revision against the order passed by the Executing Court in an application under Order 21 Rule 90 read with Section 151 of the Code of Civil Procedure. Since an appeal remedy is available to the petitioners, I am not inclined to entertain this Civil Revision Petition.

3.In the result, this Civil Revision Petition is dismissed as not maintainable. However, the Appellate Court shall take into consideration the time taken by the petitioners for prosecuting this Civil Revision Petition. The Executing Court shall keep the further proceedings in abeyance till 27.02.2015. 4.The Registry is directed to return the original impugned order to the petitioners after substituting the same by a Photostat copy. No costs. Consequently, connected miscellaneous petition is closed. 23.02.2015 Index : Yes/No Internet : Yes/No Note : Issue order copy by today (23.02.2015) TK

To The Subordinate Judge Pollachi, Coimbatore District.

K.KALYANASUNDARAM, J.

TK C.R.P.(NPD) NO.794 OF 2015 23.02.2015