Madras High CourtCRP(MD)/652/2015disposed of

K.P.Loganathan, v. M.Raj @ Rasu,

2015-03-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2015

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA C.R.P.(MD).No.652 of 2015(PD) K.P.Loganathan ... Revision Petitioner vs.

M.Raj @ Rasu ... Respondent PRAYER: This Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and executable order dated 29.06.2012 passed in I.A.No.615 of 2011 in O.S.No.46 of 2011 on the file of the learned Principal District Munsifcum-Judicial Magistrate, Lalgudi. For Petitioner : Mr.J.Barathan

O R D E R

This revision is directed against the order of dismissing the application filed under Order 7 Rule 11 of C.P.C to reject the plaint. 2.The suit was filed before the District Munsif Court, Lalgudi for injunction. The said application under Order 7 Rule 11 of C.P.C., was filed by the revision petitioner, who is the second defendant in the year 2011, contending that there was an earlier proceedings and therefore, the suit had no cause of action. Hence, prayed for rejection of plaint. However, on considering the merits, the learned Principal District Munsif-cum-Judicial Magistrate, Lalgudi had dismissed the application as not maintainable.

3.Though the revision is filed challenging the above said order, the learned counsel only requested for direction for speedy disposal of the suit, which is of the year 2011.

4.Considering the request, the District Munsif-cum-Judicial Magistrate, Lalgudi is directed to dispose of the suit in O.S.No.46 of 2011 on merits and in accordance with law, on or before 31.10.2015. In view of the limited prayer, no notice is necessary to the respondent as this Court intends to direct the trial Court to dispose of the suit at the earliest and it would not cause any prejudice to the respondent. With the above direction, the civil revision petition is disposed of. No costs.

SD/- Assistant Registrar(Per.Admn) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

Ns To 1.The District Munsif-cum-Judicial Magistrate,Lalgudi. 2.The Section Officer, V.R.Section,Madurai Bench of Madras High Court, Madurai. +1cc to MR.T.R.Jeyapalam,Advocate in Sr No.15677 C.R.P.(MD).No.652 of 2015(PD) 30.03.2015 rg.21.04.2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/