P MOHAN Vs. GOMATHI AMMAL

JUDGEMENT

(1.) When the matter has come up before me for hearing, this Court has felt that already vide order dated 30.03.2011, the trial Court passed an order directing the final decree to follow. But it appears that non-judicial stamp papers were not filed by either of the parties and already defendants 6 to 8 preferred appeal without copy of the final decree. However, the plaintiff preferred Civil Revision Petition as against the order without preferring the appeal.

(2.) I am of the considered view that as against the final decree, only appeal would lie and hence, both sides are hereby directed to approach the lower Court to obtain copies of the final decree in plain papers for preferring appeal and the lower Court shall issue copies of the final decree in plain papers with endorsement that it shall not be used for execution purpose but only for appeal purpose and after presentation of the copy of the final decree on plain papers by the defendants 6 to 8, if the appeal filed by them is in order, it shall be numbered. On presentation of the final decree on plain papers by the petitioner and on payment of necessary Court fees for Appeal, the C.R.P. shall be numbered as appeal and both the appeals shall be listed for hearing.

(3.) Accordingly, C.R.P. (MD) No. 1242 of 2001 and M.P. (MD) No. 1 of 2011 in C.R.P.(MD) No. 1242 of 2011 and M.P. (MD) No. 1 of 2011 in A.S. (MD) SR No. 39139 of 2011 are disposed of.