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Madras High CourtCRP(MD)/602/2022dismissed

Eswari, v. Gurusamy,

2022-04-08Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.602 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No. 602 of 2022 Eswari .. Petitioner/Plaintiff Vs.

1.Gurusamy 2.Ponnammal 3.Selvakumar .. Respondents/Defendants Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Principal District Judge, Thoothukudi, to take on file and number the plaint in un numbered O.S.No.... of 2022 pending in file No. 959 of 2022 dated 03.03.2022 on the file of the Principal District Judge, Thoothukudi and to decide the same on merits and in accordance with law. For Petitioner ...

Mr I. Robert Chandrasekaran For Respondent ...

No appearance

ORDER

The revision petitioner / plaintiff has filed this revision to set aside the docket order, dated 03.03.2022 and direct the Principal District Judge, Thoothukudi to number the suit.

2. The prayer in the suit is for declaration of title on the basis of an un-registered sale deed. The prayer sought for by the petitioner is not at all maintainable. The plaintiff cannot claim a title through un-registered sale deed.

3. So, the Civil Revision Petition is dismissed with liberty to the petitioner to file a proper plaint before the trial Court. On such filing, the Principal District Judge, Thoothukudi is directed to consider the matter on merits. In turn, the trial Court question the genuineness of the un-registered document and it can be used for collateral purpose.

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

C.R.P(MD).No.602 of 2022 To The Principal District Judge, Thoothukudi Copy to:

The Section Officer,E.R. Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.I. ROBERT CHANDRA KUMAR, Advocate ( SR-17717[F] dated 11/04/2022 ) CRP(MD).No. 602 of 2022 08.04.2022 MGJ(25.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2