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Madras High CourtCRP(MD)/2110/2025disposed of

Rasakani v. Thirupathy

2025-08-05Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(MD)No.2110 of 2025 and C.M.P.(MD)No.12243 of 2025 Rasakani

...Petitioner

Vs.

1.Thirupathy 2.The District Registrar (Administration) District Registrar Office, Madurai Main Road, Virudhunagar District.

3.Chellaiah 4.Chidambara Kumarasamy 5.S.K.Maruthupandian 6.Pandurengan 7.P.Lingam

...Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the Fair and Decreetal order passed in I.A.No. 3 of 2019 (Old I.A.No. 288 of 2017) in O.S.No. 67 of 2017 dated 07.02.2024, on the file of the Additional District and Sessions Court, Srivilliputtur and allow the Civil Revision Petition.

For Petitioner : Mr.C.Vakeeswaran For Respondent No.2 : Mr.B.Saravanan Additional Government Pleader

O R D E R

This petition has been filed seeking to set aside the Fair and Decreetal order passed in I.A.No.3 of 2019 (Old I.A.No. 288 of 2017) in O.S.No. 67 of 2017 dated 07.02.2024, on the file of the Additional District and Sessions Court, Srivilliputtur.

2.Mr.B.Saravanan, learned Additional Government Pleader takes notice for the second respondent.

3.Since no adverse orders are passed, notice to the other respondents is dispensed with.

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4.Learned Counsel for the petitioner would submit that the petitioner is the first defendant in O.S.No.97 of 2017, in which the petitioner filed an Order 7 Rule 11 petition in I.A.No.3 of 2019 and the same was dismissed. Challenging the same, the present Civil Revision Petition has been filed. 5.Learned Counsel for the petitioner would submit that the petitioner purchased the property from the original owner, however, the said sale is a oral sale. However, learned Counsel submits that this Court may direct the trial Court to dispose of the suit in O.S.No.67 of 2017, without being influenced by any of the observations made in I.A.No.3 of 2019. 6.Considering the facts and circumstances of the case and also considering the submission made by the learned Counsel for the petitioner, this Court without going into the merits of the matter directs the Additional District and Sessions Court, Srivilliputtu, to dispose of the suit in O.S.No.67 of 2017, without being influenced by any of the observations made in I.A.No.3 of 2019 dated 07.02.2024.

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7.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

05.08.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Additional District and Sessions Court, Srivilliputtur.

2.The District Registrar (Administration) District Registrar Office, Madurai Main Road, Virudhunagar District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

MR C.R.P.(MD)No.2110 of 2025 05.08.2025 6/6