Sumathi v. Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN C.R.P.No.3196 of 2022 and C.M.P.No.17024 of 2022 1.Sumathi 2.Vanitha 3.Kavitha ... Petitioners Vs.

1.Kumar 2.G.Karunakaran 3.G.Sivanesan 4.Sudhakar 5.G.Kumar ... Respondents PRAYER: Revision filed under Article 227 of the Constitution of India praying to set aside the impugned Fair and Decretal Order dated 21.10.2021 passed in R.E.A.No.01 of 2019 in R.E.P.No.18 of 2018 in O.S.No.37 of 2009 by the learned Additional District Judge, Krishnagiri. For Petitioners : Mr.Arun Anbumani For Respondent : Mr.S.Viswanathan for for M/s.Doss & Viswa Associates 1\4

ORDER

This revision challenges an order passed under Order XXI Rule 99 of the Code of Civil Procedure. In terms of Order XXI Rule 103, it is a "deemed decree". A decree is not susceptible to revision under Article 227 of the Constitution of India. It is appealable by virtue of Order XXI Rule 103 read with Section 96 of the Code of Civil Procedure.

2. I notice that the order has been passed by the Additional District Judge at Krishnagiri. An appeal from such order would anyway lie to this Court. Consequently, permission is granted to the petitioner to convert C.R.P.NPD.No.3196 of 2022 into a Civil Miscellaneous Appeal. Time for conversion is four weeks.

15.04.2024 Sgl 2\4

To The Additional District Judge, Krishnagiri.

3\4

V.LAKSHMINARAYANAN, J.

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