Madras High CourtCRP/2738/2013disposed of

R.Rajanna v. M.Ramesh

2019-01-10Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2019 C O R A M THE HON'BLE Mr.JUSTICE ABDUL QUDDHOSE C.R.P.(PD) No.2738 of 2013 & M.P.No.1 of 2013 R.Rajanna ... Petitioner Vs.

1.M.Ramesh 2.Munivengatappa 3.Vengatamma @ Ammaiah 4.D.Narayanappa 5.M.Srinivas 6.N.Subramani 7.N.Srinivasa Murthy 8.N.Manjunath ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to strike of the plaint in O.S.No.259 of 2008 on the file of the District Munsif Court at Hosur.

For Petitioner ...

Mr.M.Jayaprakash for Mr.K.S.Karthick Raja For Respondent 1 ...

Mr.R.Ezhilarasan R2 to 8 Ex parte

ORDER

The instant Civil Revision Petition has been filed under Article 227 of the Constitution of India to strike of the plaint filed by the respondent in O.S.No.259 of 2008 on the file of the learned District Munsif Court at Hosur.

2. The learned counsel for the petitioner has now submitted that the petitioner has already filed an application under Order VII Rule 11 of Code of Civil Procedure to reject the plaint before the Trial Court in I.A.No.421 of 2017 in O.S.No.259 of 2008. In view of the same, he seeks permission of this Court to withdraw the instant Civil Revision Petition with liberty to prosecute I.A.No.421 of 2017 in O.S.No.259 of 2008 filed by the petitioner under Order VII Rule 11 of Code of Civil Procedure for rejection of the plaint.

3. Accordingly, the Civil Revision Petition is dismissed as withdrawn. The petitioner is granted liberty to prosecute I.A.No.421 of 2017 which is pending on the file of the learned District Munsif Court,

Hosur and the learned District Munsif Judge, Hosur shall dispose of I.A.No.421 of 2017 in O.S.No.259 of 2008 within a period of three months from the date of receipt of a copy of this Order. No costs. Consequently, connected miscellaneous petition is closed.

10.01.2019 Index : Yes / No Speaking/Non-Speaking orders nl To The District Munsif, Sathyamangalam, Erode District.

ABDUL QUDDHOSE. J, nl CRP (PD) No.2738 of 2013 10.01.2019