Madras High CourtCRP(MD)/1248/2018allowed

S.Mahendran v. Chinnapandi

2018-07-27Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM C.R.P(MD).Nos.1248 and 1249 of 2018 In C.R.P.(MD) No.1248 of 2018:

S.Mahendran .. Petitioner/Petitioner/Plaintiff Vs.

Chinnapandi .. Respondent/Respondent/Defendant PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C against the decreetal Common order dated 01.02.2018 passed in I.A.No.188 of 2017 in unnumbered original suit in G.L.No.16194, dated 09.11.2012 on the file of the Principal District Judge, Tirunelveli. (In both petitions) For Petitioner : Mr.S.Mayaperumal For Respondent : No appearance C O M M O N O R D E R The Civil Revision Petitions are filed against the order dated 01.02.2018 passed in I.A.Nos. 187 and 188 of 2017 in unnumbered original suit in G.L.No.16194, dated 09.11.2012 on the file of the Principal District Judge, Tirunelveli.

2. Heard learned counsel for the petitioner and perused the materials on record.

3. Recording an undertaking of learned counsel for the petitioner to the effect that the petitioner would limit his prayer in the suit in G.L.No.16194 of 2012 to one of seeking return of the advance amount paid by him under the agreement for sale dated https://hcservices.ecourts.gov.in/hcservices/

11.11.2009 and that, he will not pursue the relief of specific performance of agreement for sale as also considering the position that the petitioner has presently produced proof of having obtained permission to reserve his right to move an independent application in keeping with Order II Rule 2 C.P.C, further the respondent has not chosen to appear before this Court in spite of service of notice, this Court is inclined to allow the revisions. Accordingly, the common order dated 01.02.2018 passed by the learned Principal District Judge, Tirunelveli, in I.A.Nos.187 and 188 of 2017 in unnumbered original suit in G.L.No.16194 dated 09.11.2012, stands set aside. The learned Principal District Judge, Tirunelveli is directed to number the original suit.

4. This Court makes clear that the petitioner is entitled to pursue his action in the suit to the restricted extent of seeking return of the advance amount paid by him.

5. The petitioner shall remit the court fee to the extent of alternative relief alone and the excess court fee shall be returned to the petitioner.

6. In fine, the Civil Revision Petitions stand allowed. No costs.

SD ASSISTANT REGISTRAR ( CO ) TRUE COPY SUB ASSISTANT REGISTRAR (CS II) CM To

1. The Principal District Judge, Tirunelveli.

2. The Record Keeper, V.R. Section,(2Copies) Madurai Bench of Madras High Court, Madurai.

DS KAK SAR 2 31 8 2018 2P 4C C.R.P (MD).Nos.1248 and 1249 of 2018 27.07.2018 https://hcservices.ecourts.gov.in/hcservices/