Madras High CourtCRP(MD)/1276/2023disposed of

Renuka v. Masilraj

2024-11-25Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P(MD)No.6285 of 2023 Renuka ... Petitioner / Defendant Vs Masilraj ... Respondent / Plaintiff Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order in E.A.No.1 of 2022 in E.P.No.43 / 2021 in O.S.No.150/2017 passed by the Principal Sub Court, Tirunelveli, dated 24.11.2022.

For Petitioner : Mr.K.P.Narayanakumar

ORDER

This Civil Revision Petition is filed to set aside the fair and decreetal order in E.A.No.1 of 2022 in E.P.No.43 / 2021 in O.S.No. 150/2017 passed by the Principal Sub Court, Tirunelveli, dated 24.11.2022.

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2. The grievance of the petitioner is that against the judgment and decree passed by the trial Court, a restoration petition was filed to condone the delay of 1186 days in preferring the restoration petition, in I.A.No.2 of 2021 by the revision petitioner under Section 5 of Limitation Act. That was also dismissed. To restore the I.A.No.2 of 2021, I.A.No. 3 of 2022 was filed which was also dismissed for not taking steps to pay batta. To restore I.A.No.3 of 2022, I.A.No.4 of 2024 is filed and the same is pending.

3. The petitioner has to workout remedy only in the pending I.A.No.4 of 2024. There is no question of passing any stay order either by this Court or by an execution Court. Without resorting to a remedy in the pending I.A.No.4 of 2024, this Civil Revision Petition is filed against the order which is not maintainable.

4. The learned Principal Subordinate Judge, Tirunelveli, is directed to take up the I.A.No.4 of 2024 and dispose of the same within a period of 15 days from the date of receipt of a copy of this order. Depending upon the outcome of the I.A.No.4 of 2024, further proceeding can be taken in the execution proceedings.

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5. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed.

25.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Principal Subordinate Judge, Tirunelveli. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN and C.M.P(MD)No.6285 of 2023 25.11.2024 4/4