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Madras High CourtCRP(MD)/2568/2025disposed of

John Christopher v. Dr.J.Stalin Joseph

2025-09-23Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2025

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P(MD)No.15173 of 2025 John Christopher ... Petitioner/1st Respondent/ 1st Defendant Vs.

1.Dr.J.Stalin Joseph

...Respondent No.1/

Petitioner/Plaintiff 2.T.Sundharabai

...Respondent2/Respondent2

2nd Defendant PRAYER: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the fair and decreetal order dated 16.12.2024 in E.P.No.10 of 2022 in O.S.No.200 of 2010 on the file of the Learned Sub Court, Padmanathapuram, Kaniyakumari District and also pass appropriate order.

For Petitioner : Mr.V.Rajiv Rufus For R1 : Mr.Daniel Robinson For R2 : Mr.B.Michael Sebastin 1/4

ORDER

The instant civil revision petition has been filed to set aside the fair and decreetal order dated 16.12.2024 in E.P.No.10 of 2022 in O.S.No.200 of 2010 on the file of the Learned Sub Court, Padmanathapuram, Kaniyakumari District.

2. Considering the fact that this Court in S.A(MD)No.310 of 2024, granted liberty to the petitioner to approach the first appellate Court to file the necessary application to recall the decree, which he complains to have been obtained by fraud and exercising the liberty, he had filed an application in I.A.No.1 of 2025 in A.S.No.14 of 2018 which is pending on the file of the Additional District and Sessions Judge, Padmanabhapuram, there shall be a direction to the first appellate Court to dispose of I.A.No.1 of 2025 on or before 17.10.2025. Till the disposal of the I.A.No.1 of 2025, the order impugned herein shall be kept in abeyance.

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3. With the above direction, this Civil Revision Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

23.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Sub Court, Padmanathapuram, Kaniyakumari District.

2.The Additional District and Sessions Judge, Padmanabhapuram, 3.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.KUMARESH BABU ,J.

SN 23.09.2025 4/4