Madras High CourtCRP(MD)/1116/2020allowed

J.Vasundara v. J.G.Rajasundaram

2022-04-26Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(PD)(MD).No. 1116 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No. 1116 of 2020 and CMP(MD)No.7194 of 2020 J.Vasundara ... Petitioner/Petitioner/ 6th Respondent/ Vs 1.J.G.Rajasundaram 1st Respondent/ 1st Respondent/Plaintiff 2.J.Florence 3.A.Kanakamani 4.J.Thangadurai 5.D.David Koilraj 6.A.Saravanakumar 7.R.Dhanalakshmi ... Respondents 2&7/Respondents 2&7 Defendants 2 to 5 & 7 PRAYER:

Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and decreetal order dated 14-11-2019 passed in I.A.No.2 of 2019 in O.S.No.35 of 2018 by the learned II Additional District Judge, Tuticorin. For Petitioner :

Mr.G.Mohankumar For Respondent : Not Appearance

ORDER

To set aside the fair and decreetal order dated 14-11-2019 passed in I.A.No.2 of 2019 in O.S.NO.35 of 2018 by the learned II Additional District Judge, Tuticorin, the revision petitioner has filed this Civil Revision Petition.

2.Heard the learned counsel appearing for petitioner and perused the materials available on record.

3.The suit in O.S.No.35 of 2018 was filed by the first respondent/plaintiff for the relief of mandatory injunction. I.A.No.2 of 2019 was filed by the revision petitioner under Order XI https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(PD)(MD).No. 1116 of 2020 Rule 7 of Civil Procedure Code to set aside the exparte order passed against him, in the suit along with the written statement. The suit is still pending. If the petition is allowed, there will be no prejudice caused to the plaintiff.

4.In view of the above, this Civil Revision Petition is allowed and the fair and decreetal order dated 14-11-2019 passed in I.A.No.2 of 2019 in O.S.NO.35 of 2018 passed by the learned II Additional District Judge, Tuticorin is set aside. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The II Additional District Judge, Tuticorin. 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.G.MOHAN KUMAR, Advocate ( SR-21521[F] dated 27/04/2022 ) ORDER IN C.R.P(PD)(MD).No. 1116 of 2020 and CMP(MD)No.7194 of 2020 Date:26.04.2022 SA(25.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2