Madras High CourtCRP(MD)/262/2020closed

Sahaya Arockia Venci v. Anthoniammal

2020-02-14Honourable Mrs Justice R. Tharani2 pages

C.R.P.(PD)(MD).No.262 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2020

CORAM:

THE HONOURABLE MRS. JUSTICE R. THARANI C.R.P.(PD)(MD).No.262 of 2020 Sahaya Arockia Venci :Petitioner/Plaintiff Vs.

1.Anthoniammal 2.Ananda Devakumar 3.Arul Anushya :Respondents/Defendants PRAYER: This Civil Revision Petition has been filed under Article 227 of Civil Procedure Code, to set aside the docket order dated 18.10.2019 in unnumbered O.S.SR.No.806 of 2019 on the file of Sub Court, Uthamapalayam and to direct the learned Sub Judge, Uthampalayam, to number it and to proceed with the same as accordance with law.

For Petitioner : Mr.R.Suriyanarayanan

ORDER

This Civil Revision Petition has been filed to quash the docket order dated 18.10.2019 in unnumbered O.S.SR.No.806 of 2019 on the file of Sub Court, Uthamapalayam, and to direct the learned Sub Judge, Uthampalayam, to number it and to proceed with the same as accordance with law.

2.On the side of the petitioner, it is stated that the learned Sub Judge, Uthamapalayam, returned and refused to number the plaint in the suit filed for recovery of possession on the ground of limitation without looking into the averments in para 4 that the possession of the defendants is permissive possession and the same cannot be treated as adverse possession.

3.It is seen that the Lower Court has raised some queries to the plaintiff. She has not answered those queries and she has approached this Court, for quashing the docket order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD)(MD).No.262 of 2020 4.Considering the facts and circumstance, the petitioner is directed to answer the queries of the Lower Court and to resubmit the case.

5.With the above direction, this Civil Revision Petition is closed. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) The Sub Court, Uthamapalayam.

+1 CC to M/s.R.SURIYANARAYANAN, Advocate ( SR-6432[F] C.R.P.(PD)(MD).No.262 of 2020 14.02.2020 dss SDS (06.03.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2