Madras High CourtCRP(MD)/567/2024disposed of

Rajagurunathan v. Kasthuri

2024-03-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN C.R.P(MD)No.567 of 2024 1.Rajagurunathan 2.Rajeswari ... Petitioners / Defendants Vs 1.Kasthuri 2.Slochana ... Respondents / Plaintiff Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and decreetal order passed in I.A.No.1 of 2023 in A.S.No.13 of 2023 dated 03.11.2023 on the file of the Sub Judge, Sattur. For Petitioner : Mr.R.Ravindran 1/4

ORDER

This Civil Revision Petition is filed to call for the records and set aside the fair and decreetal order passed in I.A.No.1 of 2023 in A.S.No. 13 of 2023 dated 03.11.2023 on the file of the Sub Judge, Sattur.

2. The suit in O.S.No.51 of 2020 is filed before the District Munsif, Sattur, for declaration and for recovery of possession after vacating the premises. That was decreed as prayed for by the trial Court on 20.03.2023. Regarding the recovery of possession three months time was fixed. Judgment was pronounced on 20.03.2023, against which an appeal was filed in A.S.No.13 of 2023 before the Subordinate Court, Sattur. Along with the memorandum of appeal I.A.No.1 of 2023 was filed seeking stay of the operation of the judgment and decree dated 20.03.2023, passed by the learned District Munsif, Sattur. That came to be dismissed by the appellate Court. Against which this Civil Revision Petition is filed, stating that without assigning any reason it was dismissed.

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3. Whatever it may be, since the appeal itself is ripe for hearing, there shall be a direction to the appellate Court to complete the process of appeal and dispose the same on its own merits, at the earliest.

4. With the above direction, this Civil Revision Petition is disposed of. No costs.

01.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Subordinate Judge, Sattur.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN C.R.P(MD)No.567 of 2024 01.03.2024 4/4