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Madras High CourtCRP/901/2018disposed of

Saraswathi v. Durairaj

2018-03-14Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(PD).No.901 of 2018 1.Saraswathi 2.G.N.Reddy 3.V.G.Janarthanam 4.D.I.Hemalatha .. Petitioners Vs 1.Durairaj 2.The District Collector, Vellore District, Vellore

3. The Tahsildar, Revenue Department, Arakkonam Taluk, Vellore District .. Respondents PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India against the petition and affidavit of the learned District Munsif, Arakkonam dated 14.12.2017 made in IA.No.Nil of 2017 in OS.No.230 of 1998.

For Petitioners : Mr.G.Jeremiah

O R D E R

The Civil Revision Petition is taken up for final disposal at the admission stage itself.

2. According to the revision petitioners, the revision petitioners have filed an appliction in IA.No. Nil of 2017 in OS.No.230 of 1998 on the file of the District Munsif, Arakkonam. The court below has returned the same with an endorsement that interim stay has been granted by this Court and hence the present petition is not maintainable at this stage. The revision petitioners have not submitted explanation for defects pointed by the court below.

3. The learned counsel for the revision petitioners submitted that the present application has been filed by the revision petitioners under Order 1 Rule 10 of the Civil Procedure Code. The interim order was granted in the CRP.No.4197 of 2013 only for a period of two weeks and not extended further. Therefore, there is no impediment to file the said application.

4. Heard the learned counsel for the revision petitiones and perused the materials available on record.

5. At tis stage, this Court is inclined to direct the revision petitioners to submit the explanation for the defects pointed by the court below within a period of two weeks from the date of receipt of a copy of this Order. Thereafter, the District Munsif, Arakkonam is directed to number the same if it is in accordance with law.

6. Thus, the Civil Revision Petition is disposed of with above directions. No costs. The Registry is directed to return the original certified copy of the unnumbered IA to the learned counsel for the revision petitioners after obtaining a copy of the same. 14.03.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No lok Note: Issue order copy on 16.03.2018 To The learned District Munsif, Arakkonam D. KRISHNAKUMAR J.,

lok CRP(PD).No.901 of 2018 14.03.2018