M.Sheik Sikkander Batcha v. P.Gengeswaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD) No.720 of 2017 and C.M.P.(MD)No.3267 of 2017 1.M.Sheik Sikkandar Batcha 2.M.Ahmed Aburar

...Petitioners / Petitioners /

Petitioners / Plaintiffs -vs1.P.Gengeswaran 2.P.Balu ... Respondents/Respondents/ Defendants PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the fair and decreetal order passed in I.A.No.100 of 2016 in O.S.No.83 of 2010 dated 11.01.2017 on the file of the District Munsif cum Judicial Magistrate, Natham, Dindigul District.

For Petitioner : Mr.T.S.Mohamed Mohideen For R1 : Mr.B.Jameel Arasu *****

ORDER

The plaintiffs in O.S.No.83 of 2010 on the file of the learned District Munsif cum Judicial Magistrate, Natham, Dindigul District are the revision petitioners herein. It is a suit for injunction. In the said suit I.A.No.100 of 2010 was filed for impleading the revenue authorities as defendant. The said application was dismissed by the Court below on 11.01.2017. The correctness of the said order is challenged in this Civil Revision Petition. 2.The learned counsel for the revision petitioners reiterated the grounds set out in the memorandum. As rightly pointed by the learned counsel for the respondent, it being a suit of bare injunction, the relief as such is sought only against the respondent herein and there is no necessity to implead the revenue authorities as defendants.

3.As rightly contended by the learned counsel for the respondent, the relief is sought only against the private defendant. There is no need to make them as a party. The Court below was justified in dismissing the said application and the reasons given by the Court below are sound and reasonable. There is no merit in this Civil Revision Petition. Since the suit is of the year 2010, the Court below is directed to conclude the suit https://hcservices.ecourts.gov.in/hcservices/

proceedings within a period of three months from the date of receipt of a copy of this order.

4.Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(w) /True Copy/ Sub Assistant Registrar(CS-IV) To:

The District Munsif cum Judicial Magistrate, Natham, Dindigul District.

+1cc to Mr.B.Jameel Arasu, Advocate Sr.No.79594 +1cc to Mr.T.S.Mohamed Mohideen, Advocate Sr.No.79490 TA VB/RSK/SAR4/10.09.2018/2P/4C C.R.P.(PD)(MD) No.720 of 2017 21.08.2018 https://hcservices.ecourts.gov.in/hcservices/