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Madras High Court

Rasakani vs Thirupathy on 5 August, 2025

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                       C.R.P.(MD)No. 2110 of 2025




                       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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                                                                                        C.R.P.(MD)No. 2110 of 2025




                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

                                                        ORDER

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 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/08/2025 05:47:30 pm ) C.R.P.(MD)No. 2110 of 2025 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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https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/08/2025 05:47:30 pm ) C.R.P.(MD)No. 2110 of 2025 M.DHANDAPANI, J.

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