CRP Nos.2175 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2023

CORAM:

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN

C.R.P.No.2175 of 2020 and CMP Nos.13688 of 2020 and 23007 of 2022

R.Prabu ... Petitioner

Vs

1. Santhanalakshmi

2. N.P.Srinivasan

3. D.Dhandapani ... Respondents

PRAYER: Civil Revision Petitions filed under Section 115 CPC against the order dated 05.12.2019 passed in I.A.No.2 of 2019 in I.A.No.1 of 2019 in A.S.No.31 of 2015 on the file of Principal District Judge, Vellore.

For Petitioner : Mr.P.Chandrasekar For Respondents : Mr.N.Kumar

ORDER

The suit in O.S.No.114 of 2005 is a suit for declaration of title of the second respondent. In the said suit, the trial Court rendered a judgment on 07.08.2014. Aggrieved by the same, A.S.No.12 of 2014 and A.S.No.31 of 2015

have been presented. It is the case of the petitioner that the Court fee paid in

A.S.No.31 of 2015 is improper because the same was filed without an application under Section 149 of Civil Procedure Code. He filed a Memo to that effect. The Memo was rejected, against which, CRP No.3703 of 2017 was filed. At the time of dismissal of CRP No.3703 of 2017, this Court gave the following observation:-

" 5. The Civil Revision Petition is dismissed with liberty to the petitioner to raise the above ground during arguments before the Appellate Court. Consequently, the connected miscellaneous petition is closed. No costs."

2. Aggrieved by the said observation, a Special Leave Petition was preferred to the Supreme Court. The said Special Leave Petition was dismissed in the following terms:-

" Since the High Court has reserved liberty to the petitioner to raise the issue of valuation for the purposes of Court fee at the hearing of the appeal, we see no reason to entertain the Special Leave Petition."

3. Yet again, an application was filed in I.A.No.1 of 2019. In this application, the prayer was to dispose of the interlocutary application first before disposal of A.S.No.12 of 2014 and A.S.No.31 of 2015. Taking into https://www.mhc.tn.gov.in/judis

consideration the previous orders of this Court, the appellate Judge dismissed the application. Aggrieved by the same, the present revision has been filed.

4. The narration of the aforesaid facts would go to show that the petitioner filed a Memo, seeking to decide the issue of valuation. This Court ordered that the issue of court fee will be tried along with the appeal. Against which, he preferred Special Leave Petition before the Supreme Court and the Supreme Court also confirmed the same. Yet again, filing another application for the very same prayer is nothing but abuse of process of Court.

5. The High Court and the Supreme Court having directed the appellate Court to decide the issue of Court fee, I am certain the appellate Court would take into consideration the orders at the time of passing the appeals. To seek for the appellate Court to decide the issue of court fee before taking up the appeal is an invitation to the Court not to follow the orders of the superior Courts. Such kind of invitation deserves only rejection and it had been rightly rejected by the lower appellate Court. Therefore I do not find any reason to interfere with the order passed by the Principal District Judge, Vellore in I.A.No.2 of 2019 in I.A.No.1 of 2019 in A.S.No.31 of 2015.

CRP Nos.2175 of 2020

V.LAKSHMINARAYANAN,J.

Sr

6. In the result, the Civil Revision Petition is dismissed. No costs.

7. The appeal suit is of the year 2015 arising out of the suit for the year 2005. Therefore, the appellate Court is requested to dispose of the appeal within a period of three months from the date of receipt of a copy of this Order. The appellate Court is requested to take into consideration the previous orders passed by this Court in the Revision as well as the Special Leave Petition at the time of disposal of the appeal. In case, if it feels either party is dragging on the matter, absolute discretion is given to the Court to proceed with the matter, ignoring such obstructions.

22.08.2023

Index:Yes/No Speaking order/Non-speaking order sr To

The Principal District Judge, Vellore.

CRP Nos.2175 of 2020

https://www.mhc.tn.gov.in/judis