Madras High CourtCRP(MD)/1529/2019dismissed

M.Ramakrishnan v. C.Ravindran

2019-09-03Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P(MD)No.1529 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P(MD)No.1529 of 2019 M.Ramakrishnan ... Petitioner/Petitioner Vs.

1.C.Ravindran 2.Malathi 3.M.Vasanthakumari ... Respondents / Respondents PRAYER: Civil Revision Petition is filed, under Under Article 227 of Civil Procedure Code, to set aside the 2nd order of return, dated 10.07.2019 in unfiled Review Petition Sr.No.7148/03.07.2019 in A.S.No.142 of 2018 with a direction to the Principal District Court, Thanjavur Appellate Court, to take up the Review Petition on file and dispose the same in accordance with law.

For Petitioner : No appearance

O R D E R

This Civil Revision Petition has been filed challenging the 2nd order of return, dated 10.07.2019 in unfiled Review Petition Sr.No.7148/03.07.2019 in A.S.No.142 of 2018 with a direction to the Principal District Court, Thanjavur Appellate Court, to take up the Review Petition on file and dispose the same in accordance with law. 2.Today, when the matter was called, no one appeared for the petitioner and therefore, the matter was passed over. Again when the matter was called at 1.20 p.m., none appeared for the petitioner. Therefore, this Court is inclined to pass the following order:- 2.1.In the affidavit filed in support of the present petition, it has been mentioned that the revision petitioner filed Review Petition SR.No.4947, dated 27.04.2019 and the same was returned on 06.06.2019 by giving two months time to explain; (i).How this Review Petition is in time?

(ii).This Review Petition may be filed in the verification petition?

2.2.Thereafter, after complying with the above defects, the revision petitioner re-presented the papers. However, again the appellate Court returned once again on 10.07.2019 as the 2nd order of return was not duly complied with. As against the said return, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.1529 of 2019 petitioner has filed the present Civil Revision Petition. 2.3.This Court has perused the materials available on records. In the 2nd return, some defects have been pointed out, which have to be complied by the petitioner. Therefore, it is open to the petitioner to comply with the defects pointed out in the 2nd return, dated 10.07.2019. Hence this Civil Revision Petition is liable to be dismissed.

2.4.Accordingly, this Civil Revision Petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To The Principal District Judge, Thanjavur.

Order made in C.R.P(MD)No.1529 of 2019 03.09.2019 RJ2 MK (26.09.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2