S.Ramar v. Nainar Mohammed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.4488 of 2025 S.Ramar

...Petitioner/Defendant

Vs.

1.Nainar Mohammed

...Respondent/Plaintiff

2.State Represented by, The Tahsildar, O/o. Tahsilar Office, Nilakottai, Dindugul District.

3.State Represented by, The District Collector, O/o. District Collector Office, Dindugul District.

...Respondents/2nd &3rd Defendants

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off plaint O.S.No.122 of 2024 on the file of the District Munsif Court, Nilakottai.

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.S.P.Maharajan, Special Government Pleader for R2 & R3 * * * * * 1/4

ORDER

The defendant in O.S.No.122 of 2024, on the file of the District Munsif Court, Nilakottai, has filed the present revision petition seeking to strike off the plaint.

2.A perusal of the plaint reveals that the respondents herein had filed the above said suit as against the revision petitioner herein for the relief of permanent injunction not to evict him unless by due process of law. A perusal of the plaint averments reveal that the defendant has made various attempts to evict the defendant who is running a hotel. No legally acceptable ground has been made out for rejecting the plaint under Order 7 Rule 11 of C.P.C. 3.Therefore, there are merits in the revision petition. Accordingly, this Civil Revision Petition stands dismissed with liberty to the petitioner to raise all the grounds during trial. No costs. Consequently, connected miscellaneous petition is also closed.

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To 1.The learned District Munsif, Nilakottai.

2.The Tahsildar, O/o. Tahsilar Office, Nilakottai, Dindugul District.

3.The District Collector, O/o. District Collector Office, Dindugul District Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

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