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Madras High CourtCRP/4409/2024disposed of

P. Karuppusamy v. V.Chandra

2024-11-05Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2024

CORAM

THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN, J. P.Karuppusamy Present Managing Trustee of Women's Education and Economic Development Trust, (WEED Trust) ... Petitioner/Plaintiff ..Vs..

1. V.Chandra

2. Sheelu ... Respondents/Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, seeking to direct the District Munsif Cum Judicial Magistrate, Madhavaram to taken on file and number the plaint in O.S.(SR).No.38 of 2024 on the file of the District Munsif Cum Judicial Magistrate Court, Madhavaram within time frame as fixed by this Court. For Petitioner : M/s. R.Sruthi For Mr.M.Shakul Hameed 1/4

ORDER

This Civil Revision Petition arises against the order passed by the learned District Munsif cum Judicial Magistrate, Madhavaram in O.S.(SR).No. 38 of 2024 dated 06.06.2024.

2. By virtue of the return, the learned District Munsif cum Judicial Magistrate, Madhavaram had come to a conclusion that the Madhavaram Court does not have territorial jurisdiction over the properties at Plot No.10 East Street, Kolathur Village, Purasawalkam, Perambur Taluk, Chennai and E-68 and E-53, 15th street, 2nd and 3rd cross, Periyar Nagar, Chennai.

3. When the matter came up for admission, I requested M/s. R.Sruthi, learned counsel appearing for the revision petitioner to verify with the Sirasdhar of City Civil Court, Chennai as to whether these properties fall within the jurisdiction of the City Civil Court, Madras. After verification, M/s.R.Sruthi, learned counsel reports that both the properties are covered within the territorial limits of the City Civil Court, Madras. 2/4

4. That being the situation, obviously, the learned District Munsif cum Judicial Magistrate, Madhavaram would not have territorial jurisdiction to entertain the plaint. Therefore, the return made by the learned District Munsif cum Judicial Magistrate, Madhavaram cannot be found fault with.

5. However, taking into consideration the plea of Ms.R.Sruthi, the original plaint filed along with the Civil Revision Petition is returned to the learned counsel for the petitioner. The petitioner can take return of the same after making an endorsement in the registry of this Court. Time is granted to the counsel till 29.11.2024, to represent the plaint before the City Civil Court of Madras.

6. With the above observation, the Civil Revision Petition stands disposed of. No costs.

05.11.2024 ssi Index : Yes 3/4

Internet : Yes V.LAKSHMINARAYANAN, J.

ssi 05.11.2024 4/4