Madras High CourtCRP/1042/2017dismissed as withdrawal

Mrs. Jogara Beivi @ Pathimuthu v. Mr. Selvakkumar

2017-04-03Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR CRP(PD)No. 1042 of 2017 and CMP.No.5061 of 2017

1. Jogara Beivi @ Pathimuthu

2. M. Hairunisha

3. A. Thahira Beevi

4. S. Inul Marjan

5. R. Thoulath Mariam ...Petitioners

Versus

1. Selvakumar

2. Duraikannu ...Respondents PRAYER: Petition filed under Article 227 of the Constitution of India against the Order and Decreetal Order dated 04.07.2016 passed by the Learned District Munisif at Madurantakkam, Kanchipuram District, dismissing I.A. No. 93/2015 in O.S.No.99 of 2013. For Petitioner ...

Mr. N. Nagu Sah

O R D E R

Plaintiffs in the trial court ( 5 plaintiffs) are the revision petitioners before this court.

2. Originally a suit for bare injunction qua possession was filed.

3. It is the case of the revision petitioners that the defendants on entering appearance have filed a written statement disputing their title and

therefore they took out an application for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, (herein after referred to as 'CPC' for the sake of brevity) for amending the plaint so as to include a prayer for declaration of title also, but this application was dismissed by the trial court primarily on the ground that it changes the suit cause of action.

5. Mr. Nagu Sha, learned counsel for the respondent very fairly stated that the suit itself was dismissed for default some time in February 2017.

6. On that ground, learned counsel for the revision petitioners wants to withdraw the Civil Revision Petition but he would make a request to reserve his right and seek liberty to file a fresh Civil Revision Petition, assailing the same order, past restoration of the suit, if the suit is restored.

7. On the above fact situation, revision petitioners are permitted to withdraw this Civil Revision Petition with liberty to file a fresh CRP assailing the same order which is sought to be revised in this Civil Revision Petition, if the suit being O.S.No.99 of 2013 on the file of District Munsif Court, Madurantagam, which has now been dismissed for default is subsequently restored.

Civil Revision Petition is dismissed as withdrawn with leave as above. No costs. Connected miscellaneous petition is closed. 03.04.2017 Speaking / Non-speaking order Index : Yes/No gv/sai To The Learned District Munsif Judge, Madurantakkam, Kanchipuram District.

M. SUNDAR, J., gv CRP(PD) No. 1042 of 2017 and CMP.No.5061 of 2017 03.04.2017 http://www.judis.nic.in