M.B.Ramesh v. Saraswathi Devi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Twenty Fifth day of May Two Thousand and Seventeen PRESENT THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P(NPD)(MD)No.1028 of 2017 M.B.Ramesh : Petitioner/Petitioner/Respondent/ Plaintiff vs.

1.Saraswathi Devi 2.M.Kamatchi 3.M.Subburaj 4.M.Sureshkumar : Respondents/Respondents/ Petitioners/Defendants Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the fair order and decreetal order dated 04.03.2017 passed in E.A.No.3 of 2017 in E.P.No.38 of 2016 in O.S.No.8 of 2014 on the file of the 6th Additional District Court, Madurai.

DECREE: This Civil Revision Petition is coming on for hearing on this day and upon perusing the grounds of Petition, the order of the Lower Court and the material papers in this Petition and upon hearing the arguments of Mr.K.K.Ramakrishnan,Advocate for Petitioner and of Mr.R.Subramanian, Advocate for the Respondents and while allowing the Civil Revision Petition, this Court doth order and decree as follows:

1.That the fair and decreetal order dated 04.03.2017 passed in E.A.NO.3 of 2017 in E.P.No.38 of 2016 in O.s.No.8 of 2014 on the file of the 6th Additional District Court, Madurai, be and hereby are set aside.

2.That the 6th Additional District Judge, Madurai be and hereby is directed to re-open the case and permit the revision petitioner to mark the document, subject to objection made on the side of the respondents herein/Defendants.

3.That the learned District Judge be and hereby is directed to dispose of the E.P. Within a period of three months from the date of receipt of a copy of this order.

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4.That there and hereby be no costs in this Civil Revision Petition.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To, 1.The 6th Additional District Judge, Madurai.

2.The District Judge, Madurai.

Copy to : The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.SUBRAMANIAN,Advocate,SR.57626 +1cc to Mr.K.K.RAMAKRISHNAN,Advocate,SR. 57549 DATED:25.05.2017 DECREE C.R.P(NPD)(MD)No.1028 of 2017 NATURE OF THE DECREE: Allowing Civil Revision Petition preferred against Judgment and decree 04.03.2017 passed by 6th Additional District Court, Madurai in E.A.No.3 of 2017 in E.P.No.38 of 2016 in O.S.No.8 of 2014 etc., as stated within.

KK/RSK/SAR 2/12.09.2017/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/