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Madras High CourtCRP/1785/2018disposed of

D.Sakkappan v. C.Ramachnadran

2018-06-19Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(PD) No.1785 of 2018 D.Sakkappan ... Petitioner Vs.

1. C.Ramachandran

2. Gowrammal

3. C.Munendrappa

4. C.Rajappa

5. Allerimma

6. Krishnamma

7. Laxmama

8. M.R.Madhiyan

9. G.Sadhasivam 10.M.Gubendiran 11.M.Gopalan 12.B.Munisamy 13.B.Arumugam 14.A.Palaniappan 15.S.Nageswari 16.R.Savithri 17.M.Jothi 18.B.Chandran 19.V.Senthilkumar 20.C.Thimmaiyah 21.M.Soodamma 22.P.Nagaraj 23.M.Lakshmana 24.Annayappa 25.P.Gowramma 26.M.Sivakumar 27.P.Desinguraja

28.Vasanthi 29.S.Krishnan 30.R.Leelavathi 31.Ravi Himanuvel 32.R.Paramasivam 33.R.Arivalagan 34.A.Madhu 35.A.Rajendran 36.M.Chitra 37.A.Mahendran 38.V.Sivaprakash 39.M.Palaniammal 40.Ganapoo 41.M.Muniraji 42.K.Muniraji 43.M.Sivaranjini 44.S.Soodeswari 45.E.Marappa 46.C.Duraisamy 47.A.Selvaraji 48.M.Krishnappa 49.G.Geetha 50.Chellamuthu 51.S.Loorthu Arokiyam 52.A.John Brittoo Arokiayasamy 53.M.Narayanappa 54.A.Anjala Sagaya Mari 55.Ambaiyaram 56.N.Rajarathinam 57.J.Appaiyaa 58.C.Lakumappa 59.S.Anumanthappa 60.G.Venkatesh 61.H.Madhevamma 62.M.Papaiyaa 63.M.Chandrasekaran 64.Ramalakshmi 65.D.Thimmaraji 66.M.Jararaman 67.V.Servesan 68.S.Thippanna 69.Chinnamari

70.M.Karagappa 71.M.Arathi 72.M.Ramachandran 73.Jayakumari 74.K.R.Padma 75.R.Subbaiah 76.R.M.Chellappan 77.V.C.Ganesh 78.M.Jayashree 79.K.V.Prathappa Chowdy 80.M.Devaraju 81.Gundluru Lavanya Rao 82.Salammal 83.M.R.Madian 84.K.Krishnan

...Respondents

Civil Revision Petition has been filed under Article 227 of Constitution of India against to direct the Sub-Judge, Hosur, to take the unnumbered suit on the file of the Sub-Judge, Hosur, which was pending on the file of the District Munsif Court, Hosur as O.S.No.4 of 2006 and conduct and complete trial within a reasonable time fixed by this Court.

For petitioner : Mr.R.Krishnamoorthy

O R D E R

This civil revision petition has been filed seeking direction to Subordinate Judge, Hosur, to take the unnumbered suit on the file of the Sub Judge, Hosur, which was pending on the file of the District Munsif cum Judicial Magistrate No.I, Hosur, as O.S.No.4 of 2006. This Court called for report from the District Munsif-cum-

Judicial Magistrate I, Hosur, with regard to pending suit in O.S.No.4 of 2006 and accordingly report has been received form the District Munsif-cum-Judicial Magistrate I, Hosur dated 19.06.2018 stating as follows:

"I most humbly submit that the entire case records in O.S.No.04/2006 on the file of this Court is transmitted to the Subordinate Judge's Court, Hosur on the point of pecuniary jurisdiction as per the reference 1st cited above. The Subordinate Judge, Hosur, returned the entire records as fair order in I.A.No.465/2013 and I.A.No.385/2012 are not found as per the reference 2nd cited above. I further submit that after compliance fair order with entire records in 04/2006 is resubmitted on the point of pecuniary jurisdiction as per the reference 3rd cited above."

In view of the report dated 19.06.2018, submitted by the District Munsif-cum-Judicial Magistrate I, Hosur, the entire case records in OS.No.4 of 2006 has been transmitted to the file of the learned Subordinate Judge, Hosur as early as on 14.06.2018. Hence,

the Subordinate Judge, Hosur is directed to take it on file and renumber the suit in O.S.No.04/2006, on the file of the District Munsifcum-Judicial Magistrate I, Hosur, in accordance with law, after verification of records and pecuniary jurisdiction, if it is otherwise in order.

With the above direction, the civil revision petition is disposed of. No costs.

19.06.2018 Index:Yes/No Internet : Yes/No cgi To

1. The Subordinate Judge, Hosur.

2. The District Munsif cum Judicial Magistrate No.I, Hosur.

P.VELMURUGAN, J., cgi C.R.P.(PD) No.1785 of 2018 19.06.2018