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2013 DIGILAW 2897 (MAD)

R. Iyyappan v. Arulmigu Venkeeswaran Alagarperumal & Nagathamman Devasthanam, Vadapalani, Chennai

2013-08-12

K.RAVICHANDRA BAABU

body2013
Judgment : 1. The present Civil Revision Petition is filed challenging the order passed by the Executing Court in M.P.No.229 of 2010 in E.P.No.20 of 2005 in Ejt.Suit No.44 of 1993, wherein and whereby the application filed by the petitioners/third parties under Order 21 Rule 97 CPC came to be rejected. 2. The petitioners as third parties filed the above application before the Court below to adjudicate their claim in the suit property and to declare that they are not liable to be dispossessed from the same property. The said application was contested by the respondents and consequently after elaborate discussion of facts and circumstances of the case, the Court below has rejected the claim of the petitioners as not acceptable one. Thus the claim of the petitioners have been adjudicated upon by the Court below under Order 21 Rule 97 CPC. If any such adjudication is made, it is to be treated as a decree and consequently only an appeal would lie against such decree passed by the Court below as contemplated under Order 21 Rule 103 CPC. Accordingly, I find that the Civil Revision Petition is not maintainable on the ground that the petitioner has to file only an appeal as against the order passed under Order 21 Rule 97 CPC. 3. The learned counsel appearing for the petitioners seeks liberty to file such an appeal. Needless to say that the petitioners are entitled to file an appeal as against the said order in the manner known to law and this dismissal of Civil Revision Petition as not maintainable would not stand in the way of filing such appeal. The Registry is directed to return the certified copy of the impugned order. 4. With the above observation, the Civil Revision Petition is dismissed as not maintainable. No costs. Consequently connected miscellaneous petition is closed.