Madras High CourtCRP(MD)/376/2020dismissed

Palanisamy v. Lakshmanan

2020-02-28Honourable Mrs Justice R. Tharani2 pages

C.R.P(MD)No.376 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI C.R.P(MD) No.376 of 2020 and C.M.P.(MD)No.2238 of 2020 Palanisamy ... Petitioner/ Petitioner Vs.

1.Lakshmanan 2.Pathirakaliammal 3.Ramalakshmi 4.Saroja 5.Muthurathinam ... Respondents/Respondents R1,R3 to 5 are given up as Set Exparty Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and final order, dated 22.10.2019 made in Tr.O.P.No.10 of 2018 on the file of the Principal District Court, Virudhunagar at Srivilliputhur. For Petitioner : Mr.P.SanthoshKumar

ORDER

This Civil Revision Petition is filed against the order, dated 22.10.2019 made in Tr.O.P.No.10 of 2018 on the file of the Principal District Court, Virudhunagar at Srivilliputhur.

2. Heard the argument put forth by the petitioner.

3. On the side of the petitioner, it is stated that the petitioner filed a suit in O.S.No.1 of 2016, which is pending on the file of the Sub Court, Aruppukottai and another suit in O.S.No.294 of 2003, for a prayer for partition, regarding the suit property, filed by a third party, was decreed by the Additional District Munsif Court, Aruppukottai. Now, the final decree application in I.A.No.152 of 2016 was pending before the Additional District Munsif Court, Aruppukottai and the same may be transferred to Sub Court, Auppukottai. It is further stated that a transfer O.P. filed before the Principal District Court in Tr.O.P.No.10 of 2018 was dismissed on 22.10.2019 and a Second Appeal filed, against the judgment and decree made in O.S.No.294 of 2003, is pending before this Court.

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C.R.P(MD)No.376 of 2020

4. One of the case is in the Second Appeal stage and a final decree petition is pending. The other suit is pending in the stage of trial. Clubbing both will not be of any use. In view of the above state of affairs, there is no necessity to transfer a final decree application to the Sub Court, Aruppukottai. Hence, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To The Principal District Court, Virudhunagar at Srivilliputhur.

Copy to The Section Officer,(2 copies) VR Section, Madurai Bench of Madras High Court, Madurai.

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