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Madras High CourtCRP/5677/2025dismissed

T. Ganesan, v. Sri Bhuvaneswari Finance,

2025-11-14Honourable Mr.Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P. N o . 5677 of 202 T.Ganesan ..Petitioner Vs.

1.Sri Bhuvaneswari Finance A.Shanmugam Managing Partner No.70, Main Bazaar, Vellore.

2.N.Sathyamoorthy 3.Lakshmi Narayanan 4.M.Rajendran 5.M.Balasubramanian 6.K.Rajini 7.The Manager Gudiyatham Land Development and Agriculture Cooperative Bank 1/5

No.95/36, Narimurugappa Mudali Street, Pichanoor, Gudiyatham, Vellore District - 632 302.

8.The Sub-Registrar Registrar Officer, Gudiyatham.

9.Subramani - previously Revenue Inspector.

Municipal Office, Gudiyatham.

10.Srinivasan - previously Assistant Electricity Engineer Urban - II, Gudiyatham.

..Respondents PRAYER: This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the order and decree passed by the Sub Judge, Gudiyatham in E.A.No.1 of 2024 in E.P.No.21 of 1999 in O.S.No.454 of 1989 dated 24.02.2025.

For Petitioner Ms.T.Sreelekha

ORDER

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The petitioner is the judgment debtor in EP No.21 of 1999. The petitioner took out an application, alleging fabrication of documents and forgery and invoked Section 340 of Cr.P.C., seeking permission of the Court to proceed against the 1st respondent / decree holder for perjury. The said application has been dismissed after due enquiry. Under Section 341 Cr.P.C., an appeal is permissible against an order passed under Section 340 Cr.P.C. 2.When there is an alternate remedy, I am not inclined to entertain the present Revision Petition. The petitioner is at liberty to approach the appellate Court under Section 341 of Cr.P.C. If the appeal is filed within a period of four weeks from the date of receipt of the copy of the order and also the original order passed in E A.No.1 of 2024 dated 24.02.2025, the appeal shall be entertained without putting limitation against the petitioner. The Registry is directed to return the original order in E.A.No.1 of 2024 to the petitioner after getting an acknowledgment. Accordingly, this Civil Revision Petition stands dismissed. No costs. 3/5

14.11.2025 smv Index :Yes/No :Yes/No Speaking order :Yes/No To The Subordinate Court, Gudiyatham.

P.B. BALAJI, J.

smv 4/5

C.R.P. N o . 5677 of 202 14.11.2025 5/5