Madras High CourtCRP(MD)/1406/2014dismissed as infructuous

R.Madhavan, v. Jayalakshmi,

2020-11-19Honourable Mr Justice R. Mahadevan2 pages

C.R.P(NPD)(MD)No.1406 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN C.R.P(PD)(MD)No.1406 of 2014 R.Madhavan ... Petitioner/Petitioner/Plaintiff Vs.

Jayalakshmi Through her power agent G.Justin ... Respondent/ Respondent/Defendant Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.29 of 2014 in O.S.No.43 of 2009, on the file of the Principal Subordinate Judge, Nagercoil dated 01.02.2014. For Petitioner : Mr.M.P.Senthil For Respondent : No Appearance

O R D E R

The petitioner has filed this Civil Revision Petition against the order dated 01.02.2014, passed in I.A.No.29 of 2014, in O.S.No.43 of 2009, on the file of the Principal Subordinate Judge, Nagercoil.

2. Heard the learned Counsel appearing for the petitioner and there is no representation on behalf of the respondent.

3. The case of the petitioner is that, he has filed the original suit against the respondent in O.S.No.43 of 2009, on the file of the Principal Subordinate Court, Nagercoil, seeking specific performance and permanent injunction. The said suit was dismissed with costs vide judgment and decree dated 03.09.2013. Aggrieved over the same, the petitioner had filed an interlocutory application in I.A.No.29 of 2014, to review the judgment and decree passed in the suit. The said application was also dismissed with costs. Hence, this Civil Revision Petition.

4. This Court is of the view that, instead of approaching the lower appellate Court, the petitioner has chosen to file the present Civil Revision Petition, which is not maintainable. In such view of https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(NPD)(MD)No.1406 of 2014 the matter, this Civil Revision Petition is dismissed. However, it is left open to the petitioner to take proper legal course in the manner known to law. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) pkn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Subordinate Court, Nagercoil.

2.The Record Keeper, (2 copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.

C.R.P(MD)No.1406 of 2014 (PD) 19.11.2020 VB (27.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2