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Madras High CourtCRP(MD)/1126/2023dismissed

Thirumalairaj v. S.Balayee(Died),2).Jeyaraj,

2023-04-26Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)Nos.5403 and 5409 of 2023 C.R.P(MD)No.1126 of 2023 Thirumalairaj ... Petitioner/Petitioner/ 1st Defendant Vs.

1.S.Balayee (died) 2.Jeyaraj ... Respondents 1 & 2/ Respondents 1 & 2/ Plaintiffs 1 & 2 3.The Thasildhar, Musiri Taluk, Trichy District.

4.The State Represented by its District Collector, Trichy Collectorate, Trichy District.

5.The Sub Registrar, Thathaiyankar Pettai Post, Musiri Taluk, Trichy District.

... Respondents 3 to 5/ Respondents 3 to 5/ Defendants 3 to 5 1/6

6.Sevugan 7.Mariyayee 8.Sakthivel 9.Ganesan 10.Subramanian 11.Arumugam ... Respondents 6 to 11/ Respondents 6 to 11/ Plaintiffs 3 to 8 PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the impugned fair and decreetal order, dated 12.01.2023 passed in I.A.No.229 of 2019 in O.S.No.256 of 2013 passed by the learned Principal District Munsif Court, Musiri and set aside the same and consequently reject the plaint in O.S.No.256 of 2013.

For Petitioner : Mr.N.Syed Ali For R3 to R5 : Mr.S.Kameswaran Government Advocate C.R.P(MD)No.1128 of 2023 Thirumalairaj ... Petitioner/Petitioner/ 1st Defendant Vs.

1.Veerappan ... 1st Respondent/ 1st Respondent/ Plaintiff 2/6

2.The Thasildhar, Musiri Taluk, Trichy District.

3.The State Represented by its District Collector, Trichy Collectorate, Trichy District.

4.The Sub Registrar, Thathaiyankar Pettai Post, Musiri Taluk, Trichy District.

... Respondents 2 to 4/ Respondents 2 to 4/ Defendants 2 to 4 PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the impugned fair and decreetal order, dated 12.01.2023 passed in I.A.No.96 of 2018 in O.S.No.272 of 2013 passed by the learned Principal District Munsif Court, Musiri and set aside the same and consequently reject the plaint in O.S.No.272 of 2013.

For Petitioner : Mr.N.Syed Ali For R2 to R4 : Mr.G.Sivaraja Government Advocate COMMON

ORDER

C.R.P(MD)No.1126 of 2023 has been filed against the fair and decreetal order, dated 12.01.2023 passed in I.A.No.229 of 2019 in 3/6

O.S.No.256 of 2013 passed by the learned Principal District Munsif Court, Musiri.

2. C.R.P(MD)No.1126 of 2023 has been filed against the fair and decreetal order, dated 12.01.2023 passed in I.A.No.96 of 2018 in O.S.No. 272 of 2013 passed by the learned Principal District Munsif Court, Musiri.

3. It is submitted by the learned counsel for the petitioner that today (26.04.2023), the challenge to the impugned order passed in I.A.No.437 of 2018 in O.S.No.274 of 2013 was dismissed by this Court in CRP(MD)No.1119 of 2023. The orders passed in I.A.Nos.229 of 2019 and 96 of 2018 in the respective suits by the learned Principal District Munsif Court, Musiri are in similar lines with the order passed by this Court in CRP(MD)No.1119 of 2023.

4. Recording the same and in view of the order passed by this Court in CRP(MD)No.1119 of 2023 on 26.04.2023, the present Civil Revision Petitions also stand dismissed. The learned Principal District Munsif Court, Musiri is directed to proceed with the trial and dispose of 4/6

the suit in O.S.Nos.256 and 272 of 2013 as expeditiously as possible preferably within a period of 12 months from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

26.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The learned Principal District Munsif Court, Musiri 2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN C.R.P(MD)Nos.1126 and 1128 of 2023 26.04.2023 6/6