Madras High CourtCRP(MD)/609/2022allowed

C.Suganya v. S.Lavanya,

2022-03-24Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD)No.609 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM

THE HON'BLE MRS.JUSTICE S.ANANTHI C.R.P(MD)No.609 of 2022 C.Suganya ... Revision Petitioner/Plaintiff Vs.

S.Lavanya ... Respondent/Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, in the nature of direction to the District Munsif, Vadipatti to number the suit under e-filing reference number CNR-NO-TNMD190001082021, filing reference Number O.S.147 of 2021 and to dispose of the same on merits in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.N.Ananthapadmanabhan

ORDER

The Civil Revision Petition has been filed to direct the learned District Munsif, Vadipatti, to number the suit under efiling reference number CNR-NO-TNMD190001082021, filing reference Number O.S.147 of 2021 and to dispose of the same on merits in accordance with law within the time stipulated by this Court. 2.The revision petitioner/plaintiff has filed a suit for the relief of declaration that the unilateral cancellation deed dated 14.02.2020, cancelling the relinquishment of her rights made in respect of all the ancestral and self-acquired properties of Late. Sarathy, vide document dated 09.07.2002, registered in the office of Sub Registrar, Chekkanurani, is null and void.

The said suit was returned by the learned District Munsif on the ground that the Court below has no jurisdiction, since the document itself was executed in an office of the Sub Registrar, Chekkanurani. 3.The property related to the document is situated at Vadipatti, therefore, the District Munsif Court, Vadipatti has jurisdiction. The return can be decided only in the trial. Therefore, the learned District Munsif, Vadipatti, is directed to number the suit, if it is otherwise in order. 4.With the above direction, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.609 of 2022 To The District Munsif, Vadipatti.

Copy to The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) (To return the original papers) +1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-14681[F] dated 25/03/2022 ) Order made in C.R.P(MD)No.609 of 2022 24.03.2022 RS (27.04.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2