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Madras High CourtCRP/1251/2021disposed of

V.C.Ravikumar v. S.Lakshmi Rekha

2023-02-10Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN V.C. Ravikumar .. Petitioner

Versus

1. Mrs.S. Lakshmi Rekha

2. The Commissioner Tiruttani Municipality, No.78, M.P.S. Salai, Tiruttani Town and Taluk, Tiruvallur District - 631 209

3. The Assistant Executive Engineer, ( Operation and Maintenance) Tamil Nadu Electricity Generation and Distribution Co. Tiruttani Town and Taluk, Tiruvallur District - 631 209 .. Respondents Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Trial Court to dispose of the suit in O.S.No. 79 of 2016 pending on the file of Subordinate Judge, Tituttani, Tiruvallur District within a stipulated time fixed by this Honourable Court.

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For Petitioner : Mr. R. Anandha Babu For Respondent-1 : Mr. R. Vijaya Raghavan For Respondent -2 : Mr.P.Srinivas For Respondent - 3 : No appearance ----

ORDER

This Civil Revision Petition has been filed to to direct the Trial Court to dispose of the suit in O.S.No. 79 of 2016 pending on the file of Subordinate Judge, Tituttani, Tiruvallur District 2.Brief facts set out in the petition are as follows: The revision petitioner herein is the first respondent and the first respondent herein is the appellant in O.S.No.79 of 2016 on the file of Subordinate Judge, Tituttani, Tiruvallur District. There was a property dispute between the revision petitioner and the first respondent, due to which the first respondent herein has filed a civil suit in O.S.No.79 of 2016 on the file of Subordinate Judge, Tituttani, Tiruvallur District. To dispose of the same, the revision petitioner has come up with this petition.

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3. Today, when the matter is taken up for hearing, the learned counsel for the revision petitioner submitted that the Sub-Court, Tiruttani lacks pecuniary jurisdiction to try the suit and hence, the plaint was returned to represent the same before the jurisdictional Court under Order VII Rule 10 of C.P.C 4.In view of the above, this Court directs the revision petitioner to represent the suit before the concerned jurisdictional Court and after renumbering the same, the learned Judge is directed to dispose of the same within a period of one year. With the aforesaid direction, this Civil Revision petition is disposed of. There shall be no order as to costs. 10.02.2023 Speaking order : Yes/No Index : Yes/No smn 3/5

To

1. The Commissioner Tiruttani Municipality, No.78, M.P.S. Salai, Tiruttani Town and Taluk, Tiruvallur District - 631 209

2. The Assistant Executive Engineer, ( Operation and Maintenance) Tamil Nadu Electricity Generation and Distribution Co. Tiruttani Town and Taluk, Tiruvallur District - 631 209

3. The Subordinate Judge, Tituttani, Tiruvallur District

4. The Section Officer, V.R.Section, High Court, Madras.

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V.BHAVANI SUBBAROYAN, J.

smn CRP.No.1251 of 2021 10.02.2023 5/5