Uthayasooriyan, v. Murugan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Uthayasooriyan ... Petitioner Vs.

1.Murugan 2.Saroja 3.Sundharajan 4.The Tahsildar, Uthamapalayam Taluk, Theni District.

5. The Commissioner, Chinnamanur Panchayat Union, Chinnamanur, Theni District.

... Respondents PRAYER:- Petition filed under Article 227 of the Constitution of India to strike off the plaint in O.S.No.181 of 2021 on the file of the District Munsif Court, Uthamapalayam.

For Petitioner : Mr. K.Surendran For 1st respondent : Mr. D. Saravanan For respondents 2 and 5 : Mr. S.Balaji For 3rd respondent : Mr. N.Mariappan 1/4

O R D E R

This Civil Revision Petition is filed seeking to strike off the plaint in O.S.No.181 of 2021 on the file of the District Munsif Court, Uthamapalayam.

2. The learned counsel appearing for the petitioner submitted that since the portion of the properties in Second Schedule does not belong to the plaintiff, the same has to be deleted.

3. Let the petitioner before this Court file an appropriate application before the concerned Court and that can be disposed of on its own merits, since no question of striking off the plaint is permissible under law on the ground.

4. The learned counsel for the petitioner submitted that the petitioner will approach the concerned Court for which liberty may be granted to him. The petitioner is at liberty to file an appropriate application before the trial Court within a period of two weeks from the date of receipt of a copy of this order.

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5. With the above said liberty, this Civil Revision Petition is disposed of. No costs.

23.02.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To The District Munsif Court, Uthamapalayam.

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G.ILANGOVAN,J.

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