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Madras High CourtCRP(MD)/562/2024disposed of

Ganapathy (Died) 1. Swaruparani v. Ilaiyaraja

2024-03-14Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and C.M.P(MD)No.2756 of 2024 Ganapathy (Died) 1.Swaruparani 2.Sudeepvel

...Petitioners/Plaintiffs

Vs.

1.Ilaiyaraja 2.Mano Stalin 3.Balan

...Respondents/Defendants

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records pertaining to the docket order passed by the learned Additional District Judge, Tenkasi dated 27.11.2023 in unnumbered I.A.No... of 2023 in O.S.No.152 of 2018 on the file of the Additional District Judge, Tenkasi and to set aside the same.

For Petitioners : Mr.Niranjan S.Kumar 1/5

O R D E R

This revision is preferred against the docket order passed by the learned Additional District Judge, Tenkasi dated 27.11.2023 in unnumbered I.A.No... of 2023 in O.S.No.152 of 2018 on the file of the Additional District Judge, Tenkasi

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. In the docket order it is stated that I.A.Nos.7 and 8 of 23 were already allowed on 02.11.2023 and the second petition for the very same relief is not maintainable. Hence, a report was called for from the trial court. Without understanding the reasoning for calling the report, the trial court has stated that I.A.Nos.10 and 11 of 2024 are filed by the plaintiff to recall himself for further evidence. But the same are not connected with the petition filed by the petitioner.

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4. However, there shall be a direction to the trial court to process the unnumbered petition on the administrative side and if any maintainability issue arises, it can be decided on the judicial side.

5. With the above direction, this revision is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM Note: The Registry is directed to return the original IA petition to the learned counsel after getting endorsement.

To

1. The Additional District Judge, Tenkasi 3/5

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

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G. ILANGOVAN, J.

CM and C.M.P(MD)No.2756 of 2024 14.03.2024 5/5