Madras High CourtCRP(MD)/740/2015dismissed

Muthukaruppan, v. Aps.Manimuthu,

2015-04-10Honourable Mr Justice K.K. Sasidharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2015

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(PD)(MD)No.740 of 2015 and M.P.(MD).Nos.1 and 2 of 2015 Muthukaruppan ... Petitioner Vs.

1. A.P.S.Manimuthu

2. Thondaiman 3.Joseph 4.Nagendran ... Respondents PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair order dated 13.03.2014 made in I.A.No.511 of 2013 in O.S.No.105 of 2013 on the file of the Additional District Munsif Court, Karaikudi and allow this revision petition.

For Petitioner : Mr.R.Vijayakumar for Mr.S.Gokulraj

O R D E R

The Civil Revision Petition is directed against the order dated 13.03.2014 in I.A.No.511 of 2013 in O.S.No.105 of 2013 whereby and whereunder the learned Additional District Munsif, Karaikudi was pleased to reject the application filed by the petitioner under Order 7 Rule 11(A) of C.P.C.

2. The respondents herein filed a suit against the petitioner before the Court below praying for a decree of injunction. The petitioner without filing written statement, filed an application under Order 7 Rule 11(A) of C.P.C., to reject the plaint. The learned trial Judge dismissed the application with an observation that the matter requires consideration of pleadings and evidence and it cannot be rejected at the threshold. Feeling aggrieved, the petitioner is before this Court.

3. The learned counsel for the petitioner contended that the respondents have admitted the title of the petitioner and as such, there is no question of maintaining a suit for injunction. https://hcservices.ecourts.gov.in/hcservices/

4. The learned trial Judge, on a perusal of the plaint, arrived at a conclusion that the issue raised by the petitioner requires to be considered on the basis of evidence. The learned trial Judge in fact exercised the discretion in the manner known to law. I do not find any reason to interfere in the said order invoking the revisional jurisdiction under Article 227 of the Constitution of India. It is open to the petitioner to raise all points before the trial Court.

5. The Civil Revision Petition is dismissed with the above observation. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To The Additional District Munsif Court, Karaikudi, Sivagangai District +One cc to M/s.R.Vijayakumar, Advocate, SR.No.18514 akv RL/3 c- 8/5/2015 CRP(PD)(MD)No.740 of 2015 10.04.2015 https://hcservices.ecourts.gov.in/hcservices/