Arulandu v. B.Jesurajamanickam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P(MD)No.16874 of 2024 1.Arulandu 2.Pappa 3.Pappi @ Charletdhivya ... Petitioners / Defendants Vs Jesurajamanickam ... Respondent / Plaintiff Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to call for the records connected with the order in E.P.No.3 of 2024 in O.S.No.22 of 2021 dated 23.01.2024 passed by the District Munsif cum Judicial Magistrate Court, Ilayangudi and set aside the same. For Petitioner : Mr. S.Malaikani 1/4

ORDER

This Civil Revision Petition is filed to call for the records connected with the order in E.P.No.3 of 2024 in O.S.No.22 of 2021 dated 23.01.2024 passed by the District Munsif cum Judicial Magistrate Court, Ilayangudi and set aside the same.

2. The grievance of the revision petitioner is that pending A.S.No.8 of 2024 before the Subordinate Court, Manamadurai, E.P.No.3 of 2024 was filed by the respondent and delivery has been ordered by the trial Court which according to him was not proper.

3. Since there is no stay order in A.S.No.8 of 2024, there is no impediment for the execution Court to go on with the execution proceedings. The petitioner is at liberty to work out remedy before the appellate Court itself. This Civil Revision Petition is not at all entertainable.

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4. With the above said, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition stands closed. 25.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The District Munsif cum Judicial Magistrate Court, Ilayangudi 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

pnn

ORDER

IN and C.M.P(MD)No.16874 of 2024 25.11.2024 4/4