CRP No. 4814 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.12.2023

CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI

Civil Revision Petition No.4814 of 2023

and

CMP.No.28577 of 2023

Vanitha

... Petitioner

Versus

Kavitha

... Respondent

Civil Revision Petition filed Under Article 227 of Constitution of India,

praying to set aside the fair and final order dated 27.11.2023, made in

REA.No.3 of 2023 in REP.No.31 of 2023 in O.S.No.93 of 2015, passed by

the learned Subordinate Judge, Rasipuram.

For Petitioner

:

Mr. B.Jawahar

For Respondent

:

Mr.R.Harikrishnan

O R D E R

The petitioner has filed this petition to set aside the fair and final order

dated 27.11.2023, made in REA.No.3 of 2023 in REP.No.31 of 2023 in

O.S.No.93 of 2015, passed by the learned Subordinate Judge, Rasipuram.

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CRP No. 4814 of 2023

2. Heard Mr. B.Jawahar, the learned counsel for the petitioner and

Mr.R.Harikrishnan, the learned counsel appearing for the respondent and

perused the materials available on record.

3. Before the trial Court the petitioner has filed an application to set

aside the ex-parte decree passed against her and the same was dismissed.

Aggrieved that the revision has been preferred. Immediately, after disposing

of the ex-parte order within a period of three days, the petitioner has filed an

application, but the Executing Court without considering the same

erroneously dismissed the application. However, the petitioner also filed

A.S.No.33 of 2023 and the same is pending before the Appellate Court.

4. Till the disposal of the appeal, the Executing Proceedings are ordered

to be stayed. Hence, the findings rendered by the Executing Court are set

aside.

5. The learned trial Judge is directed to dispose of the REP afresh, after

giving opportunity to both the parties, within a period of four months from the

date of receipt of a copy of this order.

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CRP No. 4814 of 2023

6. Accordingly, this Civil Revision Petition is allowed. Consequently,

connected miscellaneous petition is closed. There shall be no order as to costs.

13.12.2023

Index : Yes/No

Speaking/Non Speaking order

Neutral Citation:Yes/No

rri

To

1. The Subordinate Judge, Udumalpet.

2.The Section Officer,

VR-Section, High Court of Madras.

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CRP No. 4814 of 2023

T.V.THAMILSELVI, J.

rri

Civil Revision Petition No.4814 of 2023

and

CMP.No.28577 of 2023

15.12.2023

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