Madras High Court
Kamala vs V.L.Paramasivam on 19 June, 2023
Author: D. Nagarjun
Bench: D.Nagarjun
C.R.P. NO.1836 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2023
CORAM:
THE HON'BLE DR.JUSTICE D.NAGARJUN
C.R.P.No.1836 of 2023
Kamala ... Petitioner
Vs.
1.V.L.Paramasivam
2.L.Dhakshinamurthy
3.L.Sadasivam
4.L.Bhuvaneswari
5.M.Saravanan
6.S.Giribabu
7.S.Pasupathy
8.S.Nandhakumar
9.S.Dhanasekar
10.D.Chandramouli ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India to direct the issuance of final decree passed in
I.A.No.213 of 2016 in O.S.No.158 of 2010 on the file of the III Additional
District and Sessions Judge, Virudhachalam, Cuddalore District, insofar as
the petitioner's/4th defendant's share is concerned, pursuant to the non-
judicial stamp papers furnished by her on 13.09.2019 in D.No.1447 of
2019 and followed by her Memo dated 15.10.2019 within a time frame as
may be fixed by this Court.
https://www.mhc.tn.gov.in/judis
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C.R.P. NO.1836 of 2023
For Petitioner : Mr.R.Veeramani
ORDER
Heard Mr.R.Veeramani, learned counsel for the petitioner and perused the records.
2. This civil revision petition is filed seeking for a direction to the learned III Additional District and Sessions Judge, Virudhachalam, Cuddalore District to consider the non-judicial stamp papers filed by the petitioner to engrave the final decree in favour of the petitioner as per the terms of the final decree.
3. It is submitted by the learned counsel for the petitioner that the petitioner herein, who is the fourth defendant in O.S.No.158 of 2010 has filed the suit for partition and separate possession. The said suit was decreed and a preliminary decree has already been passed. Subsequently, final decree has also been passed on 04.04.2019. Consequently, the petitioner/fourth defendant has deposited non-judicial stamp duty on 30.09.2019 in Diary No.1447 of 2019. However, final decree has not been https://www.mhc.tn.gov.in/judis 2/4 C.R.P. NO.1836 of 2023 engraved allegedly on the ground that the other parties to the final decree have not deposited stamp duty.
4. Considering the circumstances, the learned III Additional District and Sessions Judge, Virudhachalam, Cuddalore District is directed to dispose of the grievance of the petitioner in respect of engraving the final decree on the basis of the stamp papers filed by him without waiting for furnishing the stamp papers by the other parties, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, this civil revision petition is disposed. There shall be no order as to costs.
19.06.2023 Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ms To The III Additional District and Sessions Judge, Virudhachalam, Cuddalore District. https://www.mhc.tn.gov.in/judis 3/4 C.R.P. NO.1836 of 2023 Dr.D. NAGARJUN, J.
ms C.R.P.No.1836 of 2023 19.06.2023 https://www.mhc.tn.gov.in/judis 4/4