N.Seenivasan v. S.Mahendhiraraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Sixth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR IN CRP(MD)No.2687 of 2024 N.Seenivasan ... Petitioner/Petitioner Vs S.Mahendhiraraj ... Respondent/Respondent Prayer in CMP(MD)4036 OF 2025 :- Civil Miscellaneous Petition filed under Section 148 of C.P.C., to extend the period of 3 months fixed in the order dated 25-10-2024 in the above revision to keep on hold without taking up for final disposal of A.S.No.2 of 2022 pending on the file of the Sub Court, Sattur and thus render justice. Prayer in CRP(MD)2687 OF 2024 :- Civil Revision Petition filed under Article 227 of the Connection of India to set aside the fair and decreetal order passed in I.A.No.5 of 2023 in A.S.No.2 of 2022, on the file of the Sub Court, Sattur dated 20.09.2024. 1/4

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of H.Arumugam, Advocate for the Petitioner, this Court made the following order: The above Civil Revision Petition was disposed of on 25.10.2024 with a direction to the Sub Court, Sattur, to keep A.S.No.2 of 2022 on hold without taking up for final disposal for a period of 4 months. The said order was passed on the ground that the petitioner has already approached the Revenue Divisional Officer, Sattur, for rectification of FMB sketch, which was rejected.

2. According to the learned counsel appearing for the revision petitioner, the period of four months is till the disposal of W.P(MD) No.18623 of 2023.

3. Now it is brought to the notice of this Court that the above writ petition was disposed of on 04.03.2025 directing the District Revenue Officer, Virudhunagar District, to dispose of the appeal filed by the revision petitioner with regard to the rectification of FMB sketch. In the said order, eight weeks time has been granted to the District Revenue Officer, Virudhunagar District, to dispose of the appeal.

4. In such circumstances, the learned counsel has filed the present application to extend the period fixed in the order, dated 25.10.2024 and to keep on hold without taking up "for final disposal" of A.S.No.2 of 2022, pending on the file of the Sub Court, Sattur.

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5. Considering the fact that this Court has already directed the District Revenue Officer, Virudhunagar District, dispose of the appeal presented by the writ petitioner within a period of eight weeks, the learned Subordinate Judge, Sattur, is directed to put on hold the hearing of A.S.No.2 of 2022 till 30.06.2025. Even, if the appeal before the District Revenue Officer, Virudhunagar, is not disposed of before the said date, the Sub Court, Sattur, is at liberty to proceed in accordance with law in A.S.No.2 of 2022 after 30.06.2025.

6. Accordingly, this Civil Miscellaneous Petition is allowed. Sd/- ASSISTANT REGISTRAR (CS-II) // True Copy // / /2025 Sub Assistant Registrar (CS- I, II, III, IV) TO

1. The Subordinate Judge, Sattur, Virudhunagar District.

2. The District Revenue Officer, Virudhunagar.

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ORDER DATED : 26/03/2025 ==========================

ORDER

========================== SK (24/04/2025) 4 P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4