G.Dhanasekaran v. Arulmigu Nageshwaraswamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.10.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K. SASIDHARAN CRP(PD). No. 2283 of 2016

1. G.Dhanasekaran

2. Thangamani

3. Krishnamoorthy

4. Malathy

5. Kavitha (now major)

6. Minor Santhosh (rep by his mother and natural guardian Malathy) (5th petitioner declared major and 4th petitioner discharge of the guardianship vide order dated 06.07.2016 made in CMP.10601/2016 in CRP(PD)SR.11713/2016) .. Petitioners Vs Arulmigu Nageshwaraswamy Thirukoil, Thirunageshwaram, Kundrathur, Chennai-600 069, Sriperumbudur Taluk, represented by its Executive Officer, having his office at Arulmigu Nageshwaraswamy Thirukoil, Kundrathur, Chennai - 600 069 .. Respondent

Prayer: This petition has been filed under Article 227 of the constitution of India against the order of dismissal of the application for rejection of plaint passed on 09.07.2015 by I.A.No. 1078/2013 in O.S.No.39/2012 on the file of the District Munsif cum Judicial Magistrate Sriperumpudur.

For Petitioners : Mr.M.Arumugam For Respondent : Mr.A.Palaniappan

ORDER

The learned counsel for the petitioners fairly submitted that, he is not pressing this Civil Revision Petition and the petitioner would be satisfied in case liberty is given to raise all points before the trial Court, as defence.

2.In view of the endorsement so made, there is no need for a factual adjudication of the issue involved in this Civil Revision Petition. It is open to the petitioners to take all the defence available with reference to O.S.No.39 of 2012.

3.The trial Court is directed to consider the case of the parties and dispose of the suit on merits and in accordance with law. 4.The Civil Revision Petition is disposed of with the above direction. No costs.

03.10.2016 jbm/rts Index : Yes/No To The District Munsif cum Judicial Magistrate, Sriperumpudur

K.K. SASIDHARAN, J.

rts CRP(PD). No. 2283 of 2016 03.10.2016