Muthammal (Died) v. P. Krishnasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Civil Revision Petition (NPD) No.4700 of 2017 and C.M.P.No.22105 of 2017 Muthumani (died) C.K.Suganthi ... Petitioner ..Vs..

1.P.Krishnasamy 2.M.Nithyanandan Palanisamy (died) Nachimuthu (died)

3. C.N.Ponnusamy 4.C.N.Ramasamy 5.C.N.Palanisamy 6.Subbathal 7.Lalitha @ Dhanalakshmi 8.C.K.Ramasamy 9.V.P.Duraisamy 10.Palaniyammal 11.N.Parvathi 12.B.Sundarambal 13.K.Subbulakshmi 14.Ramathal 15.Balasubramaniam 16.Gunasekaran 17.Ravichandran ... Respondents

Prayer: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the petition and order dated 10.08.2017 made in I.A.No.1124 of 2017 in O.S.No.1084 of 2004 on the file of the learned District Munsif Court, Tiruppur.

For petitioner : Mr.N.Manokaran For R1 to R2 : Mr.V.P.Sengottuvel For R3 to R17 : No appearance

O R D E R

By consent of both the parties, the matter has been taken up for final disposal today before this Court.

2. According to the revision petitioners, the revision petitioners have filed a suit in OS.No.1084 of 2004 on the file of the learned District Munsif, Tiruppur against the respondents herein. In the aforesaid suit, the respondent 1 and 2 herein filed an application in IA.No.1124 of 2017 to implead themselves, which was allowed. Hence, revision petitioners have filed the present Civil Revision Petition before this Court.

3. Without going into merits of the case, by consent of parties, this Court is inclined the following orders:

i) The order passed in I.A.No.1124 of 2017 in O.S.No.1084 of 2004, dated 10.08.2017 on the file of the learned District Munsif Court, Tiruppur is set aside

and remanded to the District Munsif Court, Tirupur to consider afresh and pass order, after providing an opportunities to the parties concerned. ii) The Revision Petitioners are permitted to file the counter statement within a period of two weeks from the date of receipt of a copy of this order. iii) Thereafter, the respondent can file reply statement within a period of one week if so advised.

iv) It is open to the parties to raise their respective contentions in the application before the Court below.

v) Thereafter, the Court below is directed to pass an order in accordance with law on or before 30th June 2018.

4. The Civil Revision Petition is allowed with the above directions. Consequently, the connected miscellaneous petition is closed. No costs. 23.03.2018 nvi Note: Issue order copy on 02.05.2018 B/o avr To The District Munsif Court, Tiruppur.

D.KRISHNAKUMAR.J, nvi Civil Revision Petition (NPD) No.4700 of 2017 and C.M.P.No.22105 of 2017 23.03.2018