Madras High CourtCRP(MD)/2499/2025disposed of

B.Nathidevi v. B.Mohan

2025-09-10Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/09/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)No.14937 of 2025 B.Nathidevi ... Petitioner Vs B.Mohan, S/o.Baluchamy Chettiar, No.13-A, Sangeetha Vinayagar Kovil Street, Madurai Town.

... Respondent PRAYER :- Civil Revision Petition filed under Section 115 of Civil Procedure Code, to Court below to number the claim Petition in E.A.SR.No.4897 of 2025 in E.P.No.81 of 2024 in R.C.O.P.No.59 of 1997 on the file of I Additional District Munsif Court, Madurai Town, and adjudicate the same on merits, and allow the present civil revision petition. For Petitioner : M.Saravanan, Advocate.

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ORDER

This Civil Revision Petition is filed to number the claim Petition filed by the petitioner herein in E.A.SR.No.4897 of 2025 in E.P.No.81 of 2024 in R.C.O.P.No.59 of 1997 before the file of I Additional District Munsif Court, Madurai Town, and adjudicate the same on merits.

2. The petition filed by the petitioner has been returned by the Court on 04.09.2025 indicating certain defects. Learned counsel for the petitioner would submit that complying the said defects, the petition has been re-presented to the Court on 09.09.2025. The execution application has been filed to dismiss the E.P.No.81 of 2024 for the reasons indicated in the affidavit filed in support of the said application.

3. Since an application had been filed for a relief by the petitioner who is the judgment debtor in the execution proceedings, it is incumbent upon the Court to decide the same if otherwise in order, ie., if the defects pointed out have been complied with.

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4. Hence, there shall be a direction to the I Additional District Munsif, Madurai Town, to process the petition filed in E.A.SR.No.4897 of 2025 dated 04.09.2025 and if otherwise in order, dispose the same on merits and in accordance with law.

5. With this direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 10.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn Note: i) Issue order copy on 11.09.2025 ii) Registry is directed to return the original application filed along with this Civil Revision Petition to the petitioner. 3/4

K.KUMARESH BABU, J.

pnn To 1.The I Additional District Munsif Court, Madurai Town. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRP(MD) No.2499 of 2025 Date : 10/09/2025 4/4