IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 23.11.2017 Coram THE HON'BLE MR. JUSTICE M.DURAISWAMY C.M.A.SR.No.44458 of 2017 C.Chenga Reddy (died) 1.C.Sridhar Reddy ... Appellant v.
1. Kaja Mohideen
2. Kathoon Bivi
3. Sahul Hameed
4. Rafi Ahamed
5. Basheer Ahamed
6. Balasubramanian
7. Syed Gani
8. The Commissioner Ambattur Municipality Chennai - 600 053
9. The Member Secretary Chennai Metropolitan Development Authority 8, Gandhi Irwin Road Egmore, Chennai - 600 008.
10. The Executive Engineer Tamil Nadu Electricity Board Ambattur Township Ambattur, Chennai ... Respondents Civil Miscellaneous Appeal filed under Order 43 Rule 1 of the Civil Procedure Code against the far and decreetal order dated 25.04.2017 made in I.A.No.191 of 2017 in O.S.No.257 of 2004 on the file of the District Munsif Court at Ambathur.
For Appellant : Mr.P.Subba Reddy J U D G M E N T The Registry has raised a query with regard to maintainability of the Civil Miscellaneous Appeal before this Court.
2. The Trial Court, viz., the District Munsif Court, Ambathur, had dismissed the Applications in I.A.No.711 of 2015 and I.A.No.191 of 2017 by its common order dated 25.04.2017. I.A.No.711 of 2015 has been filed by the appellant-plaintiff under section 5 of the Limitation Act to condone the delay in filing the application to restore the suit, which was dismissed for default on 07.06.2012. I.A.No.191 of 2017 has been filed by the appellant-plaintiff under Order 9 Rule 9 of CPC to set side the order of dismissal and to restore the suit.
3. It is brought to the notice of this court by the learned counsel appearing for the appellant-plaintiff that that as against the order passed in I.A.No.711of 2015, the appellant-plaintiff has filed a Civil Revision Petition before this Court and as against the order passed in I.A.No.191 of 2017, the appellant-plaintiff has filed the present Civil Miscellaneous Appeal before this Court.
4. Since the impugned order was passed by the District Munsif, Ambathur the appellant should have filed the appeal only before the District Court and not before this court. In these circumstances, the appeal presented by the appellant challenging the order passed in I.A.No.191 of 2017 before this court is not maintainable.
5. In view of the same, C.M.A.SR.No.44458 of 2017 is rejected as not maintainable. No costs. Registry is directed to return the papers to the learned counsel appearing for the appellant enabling the appellant to present the appeal before the District Court. The appellant shall present the appeal before the District Court, Tiruvallur, within one week from the date of receipt of a copy of this judgment.
23.11.2017 Index: Yes/No Note : Issue the order copy today (23.11.2017) Speaking Order/Non Speaking Order Rj To The District Munsif Court Ambathur.
M.DURAISWAMY, J.
Rj C.M.A.SR.No.44458 of 2017 23.11.2017