G.Arun Prasanna v. M.Subramaniam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.11.2023 CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI Civil Revision Petition No.4251 of 2023 and CMP.No.25845 of 2023 1.G.Arun Prasanna 2.G.Suganthi Priyadarshini ... Petitioners

Versus

1.M.Subramanian 2.M.Ganesan ... Respondents Civil Revision Petition filed Under Section 227 of Constitution of India, praying to set aside the order dated 28.04.2023 made in E.A.No.28 of 2019 in E.P.No.66 of 2014 in O.S.No.181 of 1998 on the file of the Principal Sub-ordinate Judge, Tiruppur.

For Petitioners : Mr.G.Ethirajulu

O R D E R

The petitioner has filed this petition to set aside the order dated 28.04.2023 made in E.A.No.28 of 2019 in E.P.No.66 of 2014 in O.S.No.181 of 1998 on the file of the Principal Sub-ordinate Judge, Tiruppur. 1\4

2. Heard, Mr.G.Ethirajulu, learned counsel for the petitioners and perused the materials available on record.

3.Before the executing Court the petitioners have filed application to declare that they are having 2/3 share in the suit schedule property, which is not bound by the decree by way of declaration, and that application was dismissed. So, they ought to have preferred the Civil Revision Petition.

4. Considering the fact and circumstances, liberty is granted to the revision petitioners to file appropriate application for the redressal of their grievances if any, before the trial Court, within a period of two weeks from the date of receipt of a copy of this order. The learned trial judge is directed to dispose of the same as early as possible.

5. Accordingly, this Civil Revision Petition is allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

30.11.2023 Index : Yes/No Speaking/Non Speaking order rri 2\4

To 1.The Principal Sub-ordinate Judge, Tiruppur.

2.The Section Officer, VR-Section, High Court of Madras.

3\4

T.V.THAMILSELVI, J.

rri Civil Revision Petition No.4251 of 2023 and CMP.No.25845 of 2023 30.11.2023 4\4