J. Shiyamala v. S. Gopalakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

1. J. Shiyamala

2. J. Balu

3. J.Krishnan .. Petitioners Vs.

1. S.Gopalakrishnan

2. Kamalam

3. Annapoorani ..Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the impugned order dated 23.03.2018 in E.A.381 of 2012 in E.A.No.241 of 2012 in EP. No.47 of 2011 in O.S.No.45 of 2010 on the file of the II Additional Subordinate Judge at Coimbatore and direct the II Additional Subordinate Court at Coimbatore to 1/4

decide all questions arising therein and relating to execution of the decree in accordance with law.

For Petitioners : No appearance For Respondents : Mr.K.V.Sajeev Kumar for R1 Mrs. R.Sree Vidya for R2 No appearance for R3

ORDER

This matter is taken up for hearing through Video-Conferencing. Despite several adjournments, the counsel for the petitioners is absent.

2. It is seen from the records that the Revision is filed against an order dismissing an application filed under Order 21 Rule 97 of the Code of Civil Procedure. An order deciding an application under Order 21 Rule 97 is an appealable order, in view of Rule 103 of Order 21 of the Code of Civil Procedure. Hence the Civil Revision Petition is rejected as not maintainable. No costs. Consequently, the connected miscellaneous petitions are closed.

10.11.2020 jv 2/4

Index:Yes/No Internet:Yes/No Speaking order/Non Speaking order To

1. The II Additional Subordinate Judge, Coimbatore.

2. The Section Officer, V.R.Section, High Court of Madras.

3/4

R.SUBRAMANIAN, J.

jv 10.11.2020 4/4