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Madras High CourtCRP(MD)/264/2022dismissed

S.Siva Alias Umamaheswaran v. R.Sankaranarayanan

2024-07-12Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2024

CORAM

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P. (MD) No. 1235 of 2022 1.S.Siva @ Umamheswaran 2.S.Ramprasanth ... Petitioners/ Defendants -vsR.Sankaranarayanan ... Respondent/ Plaintiff PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to allow the CRP and set aside the fair and decreetal order dated 07.08.2021 in I.A.No.1 of 2019 in O.S.No.188 of 2013 on the file of the Subordinate Judge, Sankarankovil.

For Petitioners : Mr.A.Palaniappan For Respondent : No appearance 1/4

ORDER

The Civil Revision Petition is directed against the order dated 07.08.2021 in I.A.No.1 of 2019 in O.S.No.188 of 2013 on the file of the Subordinate Judge, Sankarankovil.

2. It can be seen that the Civil Revision Petition is filed against the order dismissing the application filed under Section 5 of the Limitation Act, 1963, in filing the application under Order IX Rule 13 to set aside the exparti decree. By virtue of the recent judgment of the Hon'ble Supreme Court of India in Koushik Mutually Aided Co-operative Housing Society v. Ameena Begum, (2023 SCC Online SC 1662), an appeal alone would lie as against the said order and the Civil Revision Petition is not maintainable.

3. In view thereof, the Civil Revision Petition is disposed of on the following terms:- (i) The Civil Revision Petition is dismissed as not maintainable, however, with liberty to the petitioner to file an appeal before the appropriate court;

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(ii) The time from 04.02.2022 till the date of receipt of a copy of the order shall stand excluded for the purpose of computing the limitation for filing the appeal. Consequently, the connected Miscellaneous Petition is closed. No Costs. 12.07.2024 NCC : Yes/No PKN Note: The Registry is to return the original fair and decreetal order to the Counsel for petitioner.

To

1. The Subordinate Judge, Sankarankovil.

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

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D.BHARATHA CHAKRAVARTHY , J.

PKN 12.07.2024 4/4