Madras High CourtCRP(MD)/1852/2015dismissed

Savarimuthu v. V.Raju

2018-06-14Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2018 Coram:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P(NPD)(MD).No.1852 of 2015 and M.P.(MD) No.2 of 2015 1.Savarimuthu 2.Chinnappan 3.Jeyaraj ... Revison Petitioners/Respondents/ Defendants Vs.

1.V.Raju 2.A.Velu 3.Muthurasu ... Respondents/Petitioners/Plaintiffs PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the fair and decreetal order made in I.A.No.430 of 2014 in O.S.No.231 of 2009 dated 16.03.2015 on the file of the Principal District Munsif, Dindigul. For Petitioners : Mr.M.Thirunavukkarasu For Respondents : Mr.H.Lakshmi Shankar

O R D E R

This Civil Revision Pettion is filed to set aside the fair and decreetal order made in I.A.No.430 of 2014 in O.S.No.231 of 2009 dated 16.03.2015 on the file of the Principal District Munsif, Dindigul.

2. The petitioners have challenged the order passed in I.A.No.430 of 2014 in O.S.No.231 of 2009 dated 16.03.2015. It is brought to the notice of this Court that after passing the above order, further order was passed on 14.08.2015, which was not challenged by the petitioners, who are the defendants in the suit. Therefore, when the consequential order was not challenged by the petitioners, the present Civil Revision Petition challenging the earlier order is not maintainable.

https://hcservices.ecourts.gov.in/hcservices/ 3.In view of the above, this Civil Revision Petition is dismissed.

The petitioners are at liberty to work out their remedy either to challenge the consequential order or to proceed with the suit. However, the trial court is directed to dispose of the suit in O.S.No. 231 of 2009 within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Principal District Munsif, Dindigul.

+1CC to Mr.M.Thirunavukkarasu Advocate in SR.No.68275. +1CC to Mr.H.Lakshmi Shankar Advocate in SR.No.68300. CM DS/SKN-RSK/SAR-4 :04.07.2018: 2P/4C C.R.P(MD).No.1852 of 2015 M.P.(MD) No. 2 of 2015 14.06.2018 https://hcservices.ecourts.gov.in/hcservices/