D.Parameswari v. Sathya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP.(PD)No.1546 of 2019

1. D. Parameswari

2. D. Kokilavani

...Petitioners

Vs

1. Mrs. Sathya

2. M/s. Asretec, Fluorotech Building, No. 05-01, Bik B, 23, Meythal Road, Singapore-628 588.

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying to pass an order to number the plaint dated 14.03.2019, under Filing No.OS/99/2019, dispose of the suit on merits, which was presented to the Hon'ble District Munsif's Court, Thiruvottriyur.

For Petitioners : M/s. Lenin and Bhagya

O R D E R

The above Civil Revision Petition is filed challenging the return made by the learned District Munsif, Thiruvottriyur of the plaint in Filing No.OS/99/2019 on the ground that the suit is

premature.

2. The suit has been filed for permanent injunction, restraining the defendant, her men, agents or any one claiming through her from receiving the death benefits of her husband from the Garnishee, pending a final decision from the police with regard to the suspicious death of late Rajeshkannan and for costs of the suit.

3. The suit is one which has been filed for injunction till the investigation is over. The learned Judge has not applied his mind to the relief claimed in the suit and has mechanically returned the plaint. The learned Judge is directed to number the suit.

4. The original plaint has been handed back to the learned counsel for the petitioner, who has also made an endorsement that he has received the original plaint. Civil Revision Petition is allowed. 25.04.2019 mrn Index: Yes/No Internet:Yes/No Speaking order / Non-speaking order Note: Issue Order Copy on 27.04.2019

To,

1. The District Munsif Court, Thiruvottriyur.

2. The M/s. Asretec, Fluorotech Building, No. 05-01, Bil B, 23, Meythal Road, Singapore-628 588.

P.T.ASHA, J., mrn CRP.(PD)No.1546 of 2019 25.04.2019