MILITARYKARAN ASHOKAN ALIAS ASHOKAN Vs. VENKATARAMANI

JUDGEMENT

(1.) THE civil revision petitioner/petitioner/second defendant/judgment debtor has preferred this civil revision petition as against the order dated 28.04.2009 in R.E.A. No.113 of 2009 in R.E.P.No,94 of 2008 in O.S.No,5 of 2005 on the file of Learned Principal Subordinate Judge, Krishnagiri.

(2.) THE trial Court while passing orders in R.E.A. No.113 of 2009 on 28.04.2009 has ordered notice of hearing and posted for filing counter by 26.06.2009.

(3.) A perusal of the order passed in R.E.A.No.113 of 2009 dated 28.04.2009 by the trial Court to the effect that "the notice of hearing and counter by 26.06.2009", in the considered opinion of this Court is not a reasoned and also a final order determining the rights of the parties and, the said order cannot be construed to be a final order determining the rights of parties enabling the revision petitioner to file the present revision petition. Suffice it for this Court to point out that, when a notice has been ordered and the matter has been posted for filing of counter on 26.06.2009, the same will not provide a lever to the revision petitioner to file the present revision petition before this Court and in fact the ordering of notice and posting the matter for filing counter is not a matter to be canvassed or agitated in the civil revision petition since rights of parties have not been conclusively, completely and comprehensively determined in one way or other and resultantly the civil revision fails and the same is hereby dismissed.