LAWS(MAD)-2018-12-34

P LAKSHMANAN Vs. MEENATCHIAMMAL

Decided On December 14, 2018
P LAKSHMANAN Appellant
V/S
Meenatchiammal Respondents

JUDGEMENT

(1.) This review application has been filed by the petitioners against the order dated 22.12.2017 passed in C.R.P.(NPD) No.1599 of 2001 on the file of this Court and to recall the same and restore the Civil Revision Petition to file for being heard along with pending first appeals in A.S.Nos.504 and 505 of 2015 pending on the file of this Court.

(2.) The petitioners herein have filed the suit against the respondents for recovery of possession in O.S.No.79 of 1984 on the file of the Principal Sub Court, Pondicherry. By the decree and judgment dated 21.9.1990, the suit was decreed. Pursuant to the decree, the petitioners have filed E.P.No.18 of 1991 for delivery. Pending E.P.No.18 of 1991, the petitioners have filed E.A.No.51 of 1991 for appointment of qualified Engineer from Public Works Department, Pondicherry to value the existing structure of the suit property. By an order dated 09.12.1996, the said petition came to be allowed.

(3.) Aggrieved by the order dated 09.12.1996 passed in E.A.No.51 of 1991 in E.P.No.18 of 1991 in O.S.No.79 of 1984 on the file of the Principal Sub Court, Pondicherry, the respondents herein have filed C.R.P.(NPD) No.1599 of 2001. By an order dated 22.12.2017, C.R.P. (NPD) No.1599 of 2001 came to be allowed by setting aside the order and decreetal order made in E.A.No.51 of 1991 dated 09.12.1996 and the matter was remanded back to the Principal Sub Court, Pondicherry for fresh consideration of fixing the value of the building as per the rate available in the Public Works Department, Pondicherry without deductions to the electrical installation and sanitary arrangements. Challenging the order dated 22.12.2017, the petitioners have filed the present review application.