V.Sumathi, (F/44), v. N.Padmanabhan, (M/59),
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)Nos.1483 to 1487 of 2015 and 1570 of 2015 and M.P.(MD).Nos.1,1,1,1,1 and 1 of 2015 in C.R.P.(MD).Nos.1483 to 1487 and 1570 of 2015 and C.M.P.(MD).Nos.7788 to 7792 of 2017 in C.R.P.(MD).Nos.1483 to 1487 of 2015 C.R.P.(MD).No.1483 of 2015
...Petitioners/1st and 2nd Defendants
2. Sujatha
3. No.1 Joint Sub Registrar, ...2nd & 3rd Respondents 3rd & 4th Defendants plaint in O.S.No.44 of 2015 pending on the file of the learned C.R.P.(MD).No.1484 of 2015
...Petitioners/2nd and 3rd Defendants
1.N.Padmanabhan
2. Saravanabava ... 2nd respondent/1st Defendant plaint in O.S.No.57 of 2015 pending on the file of the learned C.R.P.(MD).No.1485 of 2015
...Petitioners/3rd and 4th Defendants
1.N.Padmanabhan 2.Noorjehan 3.M.Sikkandar ...2nd & 3rd Respondents/ 1st & 2nd Defendants
4. Sujatha
5. No.1 Joint Sub Registrar, ...4th & 5th Respondents 5th & 6th Defendants plaint in O.S.No.58 of 2015 pending on the file of the learned
For R2&R3 : Mr.T.Lenin Kumar For R5 C.R.P.(MD).No.1486 of 2015
...Petitioners/2nd and 3rd Defendants
2. V.Subbulakshmi ... 2nd Respondent/1st Defendant Sulavarsandhai Palani, plaint in O.S.No.60 of 2015 pending on the file of the learned C.R.P.(MD).No.1487 of 2015
...Petitioners/2nd and 3rd Defendants
1.N.Padmanabhan 2.K.Kumar ... 2nd Respondent/1st Defendant 3.Sujatha
plaint in O.S.No.61 of 2015 pending on the file of the learned C.R.P.(MD).No.1570 of 2015
...Petitioners/2nd & 3rd Defendants
2. N.Pravitha ... 2nd Respondent/1st Defendant plaint in O.S.No.59 of 2015 pending on the file of the learned For Petitioners in COMMON ORDER These Civil Revision Petitions are filed for a direction to the learned District Munsif, Palani to strike off the plaint in O.S.Nos.44,57,58,60,61 and 59 of 2015.
2.Heard the learned counsel appearing on either side and perused the materials available on record.
3.While pending of these revision petitions, the petitioners have filed applications under Order 7 Rule 11 of C.P.C., in I.A.Nos.703 to 708 of 2017 to reject the plaint in O.S.Nos. 44,57,58,60,61 and 59 of 2015 before the District Munsif Court, Palani, after two years of the filing of the civil revision petitions.
4.The representing counsel for the petitioners seeks time for appearance of the learned counsel on record for the petitioners. But, this Court need not hear the learned counsel on record and the document produced by the learned counsel for the respondents, makes it clear that the petitioners have approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, in the year 2015. While pending the CRPs, the petitioners have filed the Interlocutory Applications in the year 2017. It is totally abuse of process of law. Therefore, this Court need not wait for arguments to be advanced by the learned counsel for the petitioners and need not go into the merits of the case.
5.Once the petitioners have invoked the jurisdiction under Article 227 of the Constitution of India, the petitioners cannot pursue the applications filed under Order 7 Rule 11 of C.P.C. Therefore, these civil revision petitions are dismissed. However, the petitioners are at liberty to pursue their applications filed under Order 7 Rule 11 of C.P.C., in I.A.Nos.703 to 708 of 2017 and the learned District Munsif, Palani is directed to dispose of the said applications within a period of four weeks from the date of receipt of a copy of this order, by giving notice to both the parties and further, the trial Court is directed to dispose of the suit in O.S.Nos.44,57,58,60,61 and 59 of 2015 within a period of three months thereafter. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To
1. The District Munsif, Palani.
2. The Section Officer,(2 copies) VR Section, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.T.Antony Arulraj, Advocate Sr.No.73236 +1cc to Mr.D.Venkatesh, Advocate Sr.No.73192 NS VB/SV/SAR2/23.07.2018/6P/6C C.R.P.(PD)(MD)Nos.1483 to 1487 of 2015 and 1570 of 2015 and M.P.(MD).Nos.1,1,1,1,1 and 1 of 2015 in C.R.P.(MD).Nos.1483 to 1487 and 1570 of 2015 and C.M.P.(MD).Nos.7788 to 7792 of 2017 in C.R.P.(MD).Nos.1483 to 1487 of 2015 16.07.2018