Goopalliappa v. Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN C.R.P. (PD) 4237 of 2019 and C.M.P. 27645 of 2019

1. Y.Goopalliappa

2. A.Puttamma

3. C.Kanthamma

4. T.Yellamma

5. Y.Muniappa

6. Y.Venkatesh

7. Y.Nanjappa

8. R.Muniamma

9. Y.Ammimma ... Petitioners

Versus

1. M.Venkatesh

2. M.Yellappa

3. M.Lagumappa

4. M.Yellamma

5. M.Mariyappa ... Respondents PRAYER :Civil Revision Petition is filed under Article 227 of Constitution of India, praying for struck of the suit in O.S. 38 of 2019 pending on the file of the learned District Munsif Court at Hosur.

For Petitioner : Mr.B.Gopalakrishnan 1/3

O R D E R

This Civil Revision Petition has been filed under Art.227 of Constitution of India to struck of the pleadings in the Suit. There is an alternative remedy available to the petitioner to approach the concerned court by filing an application under Order 7 Rule 11 of C.P.C. seeking to reject the plaint. Hence, he cannot straight away file the Civil Revision Petition under Art.227 of Constitution of India to struck of the pleadings in the Suit. Therefore, I am of the view that, this Civil Revision Petition is not maintainable, and the same is liable to be dismissed. Accordingly, this Civil Revision Petition stands dismissed. If at all, the petitioner has any grievance, it is always open to the petitioner to work out his remedies in the manner known to law. No costs. Consequently, the connected Civil Miscellaneous Petition in C.M.P. 27645 of 2019 is closed.

06.01.2020 rpp To District Munsif, Hosur.

2/3

V.BHARATHIDASAN,J.

rpp C.R.P.PD 4237 of 2019 and C.M.P. 27645 of 2019 06.01.2020 3/3