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Madras High CourtCRP/3724/2018disposed of

Kandasamy v. Viruthambal (Died)

2021-03-02Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY C.R.P.(NPD).No.3724 of 2018 and C.M.P.No.20783 of 2018 Kandasamy

...Petitioner

Vs.

Viruthambal (died) 1.Saroja 2.Karpagam 3.Valarmathi 4.Anitha 5.Ramanathan 6.Sakthivel 7.The Manager, Tiruchirapalli District Central Co-operative Bank, Rajaji Nagar, Ariyalur Taluk, Perambalur District.

8.The Manager, City Union Bank, Vellala Street, Ariyalur.

1/4

9.The Secretary, Kadur Primary Agriculture Co-operative Bank, Kadur, Kunnam Taluk, Perambalur District.

...Respondents

Cause title accpeted vide order dated 01.11.2018 made in C.M.P.No. 19450 of 2018 in C.R.P.Sr.No.115047 of 2018 (MSRJ) Prayer Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decreetal order dated 29.08.2018 made in I.A.No. 3 of 2018 in I.A.No.39 of 2016 in O.S.No.15 of 2014 on the file of the Additional District and Sessions Court at Ariyalur.

For Petitioner : Mr.S.Mukunth For R1 to R4 : Mr.N.S.Sivakumar For R7 & R9 : Mr.L.P.Shanmuga Sundaram Special Government Pleader For R8 : No Appearance

ORDER

This Civil Revision Petition has been filed against the order dated 29.08.2018 made in I.A.No.3 of 2018 in I.A.No.39 of 2016 in O.S.No.15 of 2014 on the file of the Additional District and Sessions Court at Ariyalur. 2/4

2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner and respondents 1 to 4 submitted that they shall be permitted to workout the remedy as per the law settled by the Hon'ble Apex Court in the case of Vineeta Sharma Vs. Rakesh Sharma reported in 2020 Volume 9 SCC Page I, before the Court below.

3.In view of the submissions made by the learned counsel appearing for both the parties, the Court below is directed to permit both the parties to workout their remedy as per law laid down by the Hon'ble Apex Court. 4.Accordingly, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.03.2021 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order rst To:

The Additional District and Sessions Court at Ariyalur. 3/4

KRISHNAN RAMASAMY,J.

rst C.R.P.(NPD).No.3724 of 2018 and C.M.P.No.20783 of 2018 02.03.2021 4/4