Anusha v. Arthanari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2024

CORAM

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN 1.Anusha 2.Manivasagam 3.Geetha ... Petitioners Vs 1.Arthanari 2.Mangammal ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the docket order dated 08.12.2023 passed by the learned Subordinate Judge, Mettur, in unnumbered I.A.No. of 2023 (C.F.R.No.7424 of 2023) in I.A.No.726 of 2015 in O.S.No.61 of 2011 and direct the interlocutory application to be numbered.

For Petitioners : Mr.M.S.Gokulraj 1/5

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O R D E R

This civil revision petition has been filed against the docket order dated 08.12.2023 passed by the learned Sub Judge, Mettur, in an unnumbered interlocutory application of 2023 (C.F.R.No.7424 of 2023) in I.A.No.726 of 2015 in O.S.No.61 of 2011.

2. In the light of the judgment of this Court in Selvaraj and Others Vs Koodankulam Nuclear Power Plant India Limited and Others (MANU/TN/4835/2021), the return by the learned Sub Judge, Mettur, stating that the interlocutory application filed under Sections 152 and 151 CPC is not maintainable, cannot be sustained.

3. The learned Sub Judge, Mettur, is requested to number the interlocutory application, receive the counter from the respondents and thereafter, pass orders on the said application.

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4. Registry is directed to return the papers, after receiving necessary endorsement from the learned counsel for the revision petitioners. With the above request and direction, this civil revision petition stands allowed. No costs.

19.07.2024 gya Index : Yes/No To The Sub Judge Mettur 4/5

V.LAKSHMINARAYANAN, J.

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