HIGH COURT OF JUDICATURE AT MADRAS
PANCHAYEE – Appellant
Versus
PERIYASAMY (DIED) 1.Bathmavathi – Respondent
CRP(MD) 2198/2022
CRP(MD)No.2198 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 04.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.2198 of 2022
1.Panchayee
2.Rajendran
3.Dharman
4.Karuppaiah
... Petitioners
Vs
Periyasamy (died)
1.Bathmavathi
2.Periyammai
3.Pushparaj
4.Krishnasamy
5.Vijayalakshmi
6.Sivakumar
7.Manonmani
... Respondents
PRAYER: Civil Revision Petition is filed under Article 227
of the Constitution of India, to set aside the order passed
by the Additional Subordinate Judge, Pudukottai in
CMA.No.4 of 2019 and allow this petition dismissing
IA.No.692 of 2018 in OS.No.459 of 2018 dated 06.02.2019 on
the file of the District Munsif Court, Alangudi.
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CRP(MD)No.2198 of 2022
For Petitioners
: Mr.K.Baalasundharam
ORDER
This civil revision petition is filed as against the
order passed in CMA.No.4 of 2019 by the Additional
Subordinate Judge, Pudukottai.
2.The appeal in CMA.No.4 of 2019 was preferred by the
petitioner/ defendant in OS.No.459 of 2018 as against the
orders passed in IA.No.692 of 2018, which was filed to
receive additional documents and it was allowed. The appeal
in CMA No.4 of 2019 was dismissed as not maintainable due
to lack of jurisdiction. Challenging the same, the present
civil revision petition is filed.
3.The learned Counsel for the petitioners fairly
submits that
the appeal in CMA.No.459 of 2018 was wrongly
filed before the Additional Sub Judge, Pudukottai and
however, the petitioners, shall be granted with liberty to
challenge the said order by way of civil revision petition.
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CRP(MD)No.2198 of 2022
4.In view of the above submissions, this petition is
dismissed with liberty to the petitioner as prayed for by
him. No costs.
04.11.2022
dsk
To
The Additional Subordinate Judge,
Pudukottai.
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CRP(MD)No.2198 of 2022
B.PUGALENDHI, J.
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CRP(MD)No.2198 of 2022
04.11.2022
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