Madras High CourtCRP(MD)/1365/2015allowed

Natarajan, v. Muthammal,

2018-06-12Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN C.R.P.(MD) No.1365 of 2015 and M.P(MD).No.1 of 2015 Natarajan : Revision Petitioner/Plaintiff Vs.

1.Muthammal 2.Tamilarasi : Respondents 1 & 2/Proposed Defendants 4 & 5 3.Ramar 4.Solaiyammal 5.Pitchai : Respondents 3 to 5/Defendants 1 to 3 Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 17.11.2014 made in I.A.No.681 of 2013 in O.S.No.503 of 2004 on the file of the Additional District Munsif, Lalgudi. For Petitioner : Mr.P.Santhoshkumar For R1 and R2 : Dismissed For R3 and R4 : No appearance For R5 : Mr. Maduraiveeran

O R D E R

This Civil Revision Petition is filed against the fair and decreetal order dated, 17.11.2014 made in I.A.No.681 of 2013 in O.S.No.503 of 2004, on the file of the learned Additional District Munsif, Lalgudi.

2. The revision petitioner, who is the plaintiff, has filed a suit in O.S.No. 503 of 2004, on the file of the learned Additional District Munsif, Lalgudi, for declaration and consequential injunction. The proposed defendants 4 and 5 / respondents 1 and 2 herein have filed an application in I.A.No. 681 of 2013 to implead themselves as party to the suit and the same has been allowed. Aggrieved over the same, the revision petitioner has come forward with this Civil Revision Petition.

3. When the matter was taken up for hearing, the learned counsel appearing for the fifth respondent has supported the averments made in the grounds of the Civil Revision Petition and he has also no objection to allow this petition. Whereas, there was no representation for the respondent Nos. 3 and 4. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above, this Civil Revision Petition is allowed, by setting aside the order dated 17.11.2014, passed by the learned Additional District Munsif, Lalgudi made in I.A.No.681 of 2013 in O.S.No.503 of 2004. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Additional District Munsif, Lalgudi.

+1cc to M/S.Vast Law Associates, Advocate SR.No. 68041 C.R.P.(MD) No.1365 of 2015 and M.P(MD).No.1 of 2015 12.06.2018 trp JM/KKR/SAR 4/04.07.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/