P. Seethalakshmi v. S. Perumal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P(MD)No.1110 of 2023 P.Seethalakshmi ... Petitioner / Respondent Vs S.Perumal ... Respondent / Petitioner Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to allow this revision petition thereby setting aside the order dated 04.11.2022 passed by the learned III Additional Sub Judge, Madurai, in E.A.No.106/2022 in E.P.No.482/2018 in O.S.No.128/2004. For Petitioner : Mr.J.Parethkumar For Respondent : Mr.C.Mahadevan

ORDER

This Civil Revision Petition is filed to allow this revision petition thereby setting aside the order dated 04.11.2022 passed by the learned III Additional Sub Judge, Madurai, in E.A.No.106/2022 in E.P.No.482/2018 in O.S.No.128/2004.

1/4

2. Learned counsel on record for the revision petitioner would submit that challenging the decree and judgment made in O.S.No.128 of 2004, he filed a suit in O.S.No.1003/2022 before the III Additional Subordinate Judge, Madurai.

3. It appears that no stay order was passed by the learned III Additional Subordinate Judge, Madurai. Unless there is a stay order staying the execution of the decree, this revision petition itself is not maintainable. Further, liberty is granted to the revision petitioner to approach the learned III Additional Subordinate Judge, Madurai, in this regard.

4. With the above said liberty, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed.

NCC :Yes/No 09.12.2024 Index :Yes/No Internet : Yes/ No pnn 2/4

To 1.The III Additional Sub Judge, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN, J.

pnn

ORDER

IN and C.M.P(MD)No.1110 of 2023 09.12.2024 4/4