Madras High CourtCRP(MD)/857/2021disposed of

Sivakumar v. Chidambarampillai

2021-08-09Honourable Mr Justice K.Murali Shankar2 pages

C.R.P(MD).No.857 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.R.P(MD).No.857 of 2021 Sivakumar : Petitioner / Plaintiff Vs.

1.Chidambarampillai 2.Susila 3.Sivakumari 4.Venugopal : Respondents / Respondents PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to Check slip order in O.S.No.30 of 2020 passed by the Sub Court, Eraniel, dated 19.03.2021.

For petitioner : Mr. A. Balakrishnan

ORDER

The Civil Revision is directed against the issuance of 'Check Slip' dated 19.03.2021 directing the plaintiff to value the suit property and amend the plaint within 15 days.

2. It is seen from the records that as per the directions issued at the Annual Inspection of the Sub Court, Eraniel, by the learned Principal District Judge, Kanniyakumari at Nagercoil, the learned Subordinate Judge, Eraniel has issued a check slip directing the plaintiff to value the property and amend the plaint.

3. The learned counsel for the revision petitioner / plaintiff would submit that the petitioner has filed an objection immediately after receipt of the check slip, but the learned Subordinate Judge without passing any orders, adjourned the case, to comply with the directions in the Check Slip.

4. Since the learned Subordinate Judge has issued the check slip, on receipt of the objection filed by the plaintiff, he has to consider the same and pass orders in accordance with law, but, without doing the same, the learned Subordinate Judge cannot adjourn the matter to comply with the Check Slip directions. Hence, the learned Subordinate Judge is directed to consider the objection filed by the revision petitioner / plaintiff to the check slip and pass orders in accordance with law.

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C.R.P(MD).No.857 of 2021

5. With the above observation and direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (Ad-II) // True Copy // / /2021 Sub Assistant Registrar(CS) trp To 1.The principal District Judge, Kanniyakumari at Nagercoil 2.The Subordinate Judge, Erianiel C.R.P(MD).No.857 of 2021 09.08.2021 SGS(CO) KB(19.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2