Mrs.Marie Therese Anandi Vanian Rajarathnam v. Mr.Pratap Prierre Gerard De Condappa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and C.M.P.No.18987 of 2021 Marie Therese Anandi Vanina Rajarathnam .. Petitioner /Petitioner/ Third Party Vs.

1.Pratap Prierre Gerard De Condappa ..1st Respondent/ 1st respondent/ Decree Holder 2.Manet Ravi 3.Raj Maleappane .. Respondents 2 & 3/ Respondents 2 & 3/ Judgment Debtor PRAYER: Civil Revision Petitions filed under Section 115 of the Code of Civil Procedure, praying to set aside the fair and decreetal order dated 29.09.2021 on the file of the Rent Controller I at Puducherry. For Petitioner : Mr.R.Udhayakumar *********** 1/4

O R D E R

The order challenged in this Revision is the order passed in the application under Order XXI Rule 97 of the Code of Civil Procedure, determining the questions under Rule 98 of Order XXI of the Code of Civil Procedure.

2. In terms of Rule 103 of Order XXI of the Code of Civil Procedure, such an order is made specifically appealable and is deemed to be a decree of a civil Court. Therefore, this Revision is not maintainable. It is open to the petitioner to take back the papers and file an appeal before the competent Court.

3. The Registry is directed to return certified copies of the order that has been filed along with this Revision.

4. The Executing Court is required to adjourn the Execution Petition in E.P.No.9 of 2017 by 15 days to enable the petitioner to move the appellate Court. No costs. Consequently, the connected miscellaneous 2/4

petition is closed.

19.11.2021 dsa Index : No Internet : Yes Speaking order Note:- Upload order copy by 22.11.2021.

To The Rent Controller I, Puducherry.

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R.SUBRAMANIAN, J.

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