Latha v. Indrani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP.No.12078 of 2024 Latha ...

Petitioner Vs.

1.Indrani 2.Vijay Anand 3.Dhanalakshmi 4.Eswaran 5.Ravi 6.Rani 7.Gomathi 8.Gokila 9.Anand 10.Susila 11.Nikil 12.Nithin ...

Respondents PRAYER: The Civil Revision Petition filed under Article 227 of Constitution of India against order of returning the I.A.Sr.No.6781 of 2024 in O.S.No.463 of 2017 on the file of the Principal Subordinate Court, Tiruppur.

For Petitioner ...

Mr.M.Ramdass For Respondent ...

Dr.C.Ravichandran Nos.1 to 4 & 5 to 12 for Mr.S.B.Viswanathan For Respondent ...

Not ready in notice No.5

ORDER

Counsel for the petitioner Mr.M.Ramdass, has filed a memo seeking permission to withdraw the revision petition and liberty to invoke Section 14 of the Limitation Act and seeking for exemption of the period spent in prosecuting this revision before this Court. At the time of preferring the appeal, the counsel has also sought return of the certified copy of the judgment and decree in O.S.No.463 of 2017. However, on perusal of the records, I find that what is under Challenge is, only the docket order in I.A.Sr.No.7681 of 2024 in O.S.No.463 of 2017. The certified copy of the judgment and decree in O.S.No.463 of 2017 has not been enclosed along with this revision. Hence, the second part of the memo cannot be acceded to.

2.In so far as the permission sought for withdrawal of the revision, the same is accepted. As regards the exemption sought for under Section 14 of the Limitation Act, I am inclined to permit the petitioner to withdraw the

revision and file the first appeal as against the judgement and decree, subject to the petitioner filing the appeal within a period of four weeks from the date of receipt of a copy of this order. If such the first appeal is filed within a period of four weeks, then, the appellate Court shall not put delay against the petitioner and shall number the appeal if it is otherwise in order. With the above direction, the civil revision petition is dismissed as withdraw. No costs. Consequently, miscellaneous petition is closed. Index : Yes/No 25-09-2025 Internet: Yes/No sms To The Principal Subordinate Court, Tiruppur.

P.B. BALAJI.J., sms

and CMP.No.12078 of 2024 25.09.2025