A. Senthil Kumar v. A.Revathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.7607 of 2025 A.Senthil Kumar

...Petitioner

Vs 1.A.Revathi 2.Sub-Registrar Peralam Sub-Registry Peralam, Nanilam (Taluk and Munsif) Tiruvarur District - 609 405.

3.Thasildhar Taluk Office, Nanilam (Taluk and Munsif) Tiruvarur District - 610 105.

4.District Collector, Collectorate Office Thandalai, Tiruvarur (Taluk and Munsif), 5.District Registrar, Tiruvarur Town, Tiruvarur (Taluk and Munsif) 1/6

...Respondents

PRAYER :- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the order dated 21.01.2025 in S.R.No.7062 dated 19.12.2024 in O.S.No.52 of 2024 passed by the learned Principal District Judge, Tiruvarur.

For Petitioner : Mr.T.R.Sathiyamohan for M/s.SVV Law Firm For R2 to R5 : Mr.N.Muthuvel Government Advocate

ORDER

Challenging the return endorsement of the learned Principal District Judge, Tiruvarur, dated 21.01.2025 made in the written statement/counter claim filed by the first defendant, the Civil Revision Petition has been filed.

2.The learned Principal District Judge, Tiruvarur, has returned the counter claim with a direction to pay the appropriate Court fees on or before 03.02.2025, failing which the counter claim would stand rejected. 3.The defendant had filed the written statement along with the counter claim seeking the following reliefs:- i)dismissing the suit claim made by the plaintiff in 2/6

O.S.No.52 of 2024 before this Hon'ble Court with exemplary cost;

ii)granting the relief of mandatory injunction as against this plaintiff directing her to vacate the suit property within the time stipulated by this Hon'ble Court and to ensure the possession of the same to this defendant. 4.The second relief though styled as a mandatory injunction in reality the said suit is for recovery of possession by virtue of eschewed drafting. The relief has been couched in such a way that partakes the nature of a mandatory injunction suit. Challenging this the petitioner is before this Court.

5.Heard the learned counsels on either side and perused the records.

6.The observation of the Court below in returning the counter claim appears to be perfectly in order. It is needless to state that a counter claim should also be valued in the same fashion that a plaint is numbered. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 3/6

27.03.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.Sub-Registrar Peralam Sub-Registry Peralam, Nanilam (Taluk and Munsif) Tiruvarur District - 609 405.

2.Thasildhar Taluk Office, Nanilam (Taluk and Munsif) Tiruvarur District - 610 105.

3.District Collector, Collectorate Office Thandalai, Tiruvarur (Taluk and Munsif), 4.District Registrar, Tiruvarur Town, Tiruvarur (Taluk and Munsif) 4/6

P.T.ASHA , J, ep C.M.P.No.7607 of 2025 5/6

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