Latha Ravisekar v. P.Kannammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.2629 of 2023 Latha Ravisekar ... Petitioner/Petitioner/ Objector/3rd Party Vs.

1.P.Kannammal 2.P.Kavitha 3.P.Balamurugan ... Respondents/Respondents 1-3/ Petitioners-Decree Holders/ Plaintiffs 4.D.Dhayanidhi 5.D.Porkazhagan ... Respondents/Respondents 4&5/ Respondents 2 &3/ Defendants 2&3 M.Jeyachandran (Died) 6.Sathiyavathi 7.R.Punitha 8.Bagyavathi 9.Bhuvaneshwari 1/4

10.Senthil Murugan ... Respondents/Respondents 7-11/ Respondents 6,8,9-11/--- PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to allow this civil revision petition by setting aside the petition and order, dated 28.01.2023 made in E.A.No.28 of 2021 in E.P.No.30 of 2019 in O.S.No.103 of 1997 on the file of the Additional District Munsif Court, Thanjavur.

For Petitioner : Mr.M.Thirunavukkarasu

ORDER

The present revision petition has been filed challenging the dismissal of E.A.No.28 of 2021 for default on 28.01.2023.

2. According to the learned counsel appearing for the petitioner, the main execution petition in E.P.No.30 of 2019 has already been disposed of and therefore, he is not in a position to file any application to restore E.A.No.28 of 2021. Considering the fact that E.A.No.28 of 2021 has been dismissed for default, the present revision petition is not maintainable. However, in case, if E.P.No.30 of 2019 restored for any reason, the revision petitioner is entitled to file an application to restore E.A.No.28 of 2021.

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3. With these observations, this Civil Revision Petition stands disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

03.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Additional District Munsif Court, Thanjavur.

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

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R.

VIJAYAKUMAR ,J.

gbg Order made in 03.03.2023 4/4