Madras High CourtCRP(MD)/1038/2022disposed of

Seetharaman v. Sudharani

2024-07-15Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P(MD)No.1038 of 2022 Seetharaman ..Petitioner/Plaintiff Vs.

1. Sudharani 2.Suganya

3. The Sub Registrar Sub Registrar Officer Joint 1 and 2 Cantonment, Trichy ..Respondents/Defendants Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed by the Principal Subordinate Judge, Trichy, Trichy District in Unnumbered suit in O.S. No.(S.R.No. 976/2018)/2018 dated 26.11.2018.

For Petitioner :Mr.M.Pitchaimuthu For R1& R2 :Mr.B.Jameel Arasu For R3 :Mr.J.K.Gunaseelan

ORDER

The Civil Revision petition is filed to set aside the order passed by the Principal Subordinate Judge, Trichy, in unnumbered O.S.No.(S.R.No. 976/2018)/2018 dated 26.11.2018.

2.By the said order, objection has been raised by the trial Court that the third defendant in the suit viz., the Sub-Registrar, Sub Registrar Office Joint 1 & 2, Trichy, is not a necessary party to the suit. Aggrieved by the same, the present civil revision petition is filled. 3.When the matter came up for arguments today, the learned counsel for the petitioner would submit that he is not pressing the grounds raised in the Civil Revision Petition and would take the return of plaint and would represent the same by deleting the name of the third respondent before the trial Court. Accordingly, the Civil Revision petition is disposed on the following terms:

(i)The suit plaint and other original records, which are filed along with the Civil Revision Petition, is directed to be returned to the learned counsel for the petitioner by the Registry;

(ii)Upon receipt of the same, within two weeks there from, the petitioner will be entitled to re-present the same by removing the third defendant and filing such clean copy of the plaint; (iii)Upon re-presentation, the trial Court shall consider the suit to be re-presented within time and further process the same for numbering in accordance with law.

(iv)No costs.

15.07.2024 NCC:Yes/No Ns To The Principal Subordinate Judge, Trichy, Trichy District.

D.BHARATHA CHAKRAVARTHY, J.

Ns C.R.P(MD)No.1038 of 2022 15.07.2024