Madras High CourtCMA(MD)/1035/2023disposed of

P.Rajaram v. P.Muthuraj

2024-06-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.06.2024

CORAM

THE HONOURABLE MRS.JUSTICE G. ILANGOVAN and C.M.P(MD)Nos.14149 and 14150 of 2023 P.Rajaram ... Petitioner / Respondent Respondent / Defendant (in both CMAs) Vs 1.P.Muthuraj 2.P.Alagappan P.Kulanthaiammal (died)

...Respondents / Petitioners /

Petitioners / Plaintiffs (in both CMAs) PRAYER in C.M.A(MD)No.1035 of 2023:- This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(w) of Civil Procedure Code to set aside the fair and decreetal order dated 28.09.2022 made in I.A.No.14 of 2022 in I.A.No.1 of 2019 in O.S.No.50 of 2013 on the file of Additional District Court (FTC), Theni and dismissed the said application with costs.

1 / 4

PRAYER in C.M.A(MD)No.1036 of 2023:- This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(w) of Civil Procedure Code to set aside the fair and decreetal order dated 28.09.2022 made in I.A.No.15 of 2022 in I.A.No.2 of 2019 in O.S.No.50 of 2013 on the file of Additional District Court (FTC), Theni and dismissed the said application with costs.

For Appellant : Mr.A.Arumugam for M/s.Ajmal Associates For R1 and R2 : Mr.C.Godwin (in both CMAs)

JUDGMENT

These Civil Miscellaneous Appeals are filed to set aside the fair and decreetal order dated 28.09.2022 made in I.A.No.15 of 2022 in I.A.No.2 of 2019 in O.S.No.50 of 2013 on the file of Additional District Court (FTC), Theni and dismissed the said application with costs.

2. It has been brought to the notice of this Court that fair order is available after that a review application was filed by the respondent and the same was also allowed. Against the allowing of the review application, these Civil Miscellaneous Appeals are preferred by the appellant. 2 / 4

3. Learned counsel for the appellant would submit that since the fair order is available, which got merged with the order of review, liberty may be granted to him to challenge the final decree itself.

4. There shall be a direction to the learned Additional District Judge (FTC), Theni, to draft the final decree within a period of one month so that the parties can work out remedy if so aggrieved. Filing of this appeal will not stand in the way of the appellant to challenge the final decree.

5. Accordingly, these Civil Miscellaneous Appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 11.06.2024 NCC : Yes / No Index: Yes / No Internet : Yes / No Note: Issue order copy on 12.06.2024 pnn 3 / 4

G. ILANGOVAN, J pnn To 1.The Additional District Court (FTC), Theni. 2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. and C.M.P(MD)Nos.14149 and 14150 of 2023 11.06.2024 4 / 4