In the High Court of Judicature at Madras Date: 08.09.2006 Coram: The Hon'ble Mr. Justice K. CHANDRU C.R.P. No. 308 of 2006 & C.M.P.No.2346 of 2006 Senthilkumar ... Petitioner/Lease Holder/Respondents -vs- 1. Rahamath Kani 2. Valliammal 3. Durisamy ... Respondents (Plaintiff and Defendants) (Respondents 2 and 3 given up) This Civil Revision Petition under Section 115 of C.P.C. against the order passed in E.A.No.9 of 2003 in E.P.No.135 of 1998 in O.S.No.39 of 1998 by the Sub-Court, Udumalpet dated 23.09.2005. For petitioner : Mr. K. Kalyanasundaram For respondents : Mr. R. Kamaraj for M/s. M. Kamalanathan S. Raghu .. .. .. O R D E R By consent of the parties, the Civil Revision Petition itself is taken up for hearing. 2. Mr. K. Kalyanasundaram, learned counsel appearing for the revision petitioner states that he has a right of appeal against the order impugned in the revision petition and he may be permitted to move the appellate remedy before the District Court. 3. Mr. R. Kamaraj, learned counsel appearing for the respondents has no objection to that course of action. https://hcservices.ecourts.gov.in/hcservices/ 4. It is seen from the records that the only course open to the petitioner is to move the proper appellate forum. The learned counsel appearing for the revision petitioner prays for liberty to prefer the appeal as provided under law. This Court is of the considered view that the prayer so made by the revision petitioner, is justified and on hearing the submission made by the respondent, the revision petitioner is directed to file an appeal before the District Court. In view of the same, this revision petition is dismissed. However, liberty is given to the revision petitioner to file an appeal remedy before the appellate Court and the appellate Court can take into account the pendency of the proceedings before this Court and grant necessary relief with reference to the delay. This C.R.P. is dismissed as withdrawn with liberty to the extent indicated above. The learned counsel for the petitioner is permitted to take the original judgment duly filed before this Court. Consequently connected C.M.P. is closed. smi To The Subordinate Judge Udumalpet + one cc to Mr. M. Kamalanathan, Advocate sr no. 41952 KLT(CO) NM(11.10.2006) C.R.P.(PD) No. 308 of 2006 https://hcservices.ecourts.gov.in/hcservices/