Madras High CourtCRP(MD)/1031/2016dismissed

S.Duraisamy, v. K.Mariappan,

2016-06-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(MD)No.1031 of 2016(PD) and C.M.P.(MD).No.5160 of 2016 S.Duraisamy .. Petitioner/Petitioner/Plaintiff Vs.

1.K.Mariappan 2.S.Chinnasamy 3.C.Nagarathinam 4.Davamani Devi 5.Duraisamy 6.B.Murugesan 7.Sellitharajan 8.V.Ragupathi 9.N.Muthusamy 10.Gunasekaran(Died) 11.Murugeswari 12.Pushpa 13.Udayasurian 14.Priya 15.Packialakshmi 16.C.Thangam 17.Sarojini 18.Thilagam .. Respondents/Respondents/Defendants Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, against the judgment and decree, dated 02.04.2016, in I.A.No.127 of 2016 in O.S.No.239 of 2007 on the file of the District Munsif Court, Palani. For Petitioner : Mr.D.Venkatesh

ORDER

The petitioner who is the plaintiff in O.S.No.239 of 2007 on the file of the learned District Munsif, Palani has preferred the present revision petition, aggrieved over the order passed in I.A.No.127 of 2019 in O.S.No.239 of 2007.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard Mr.D.Venkatesh, learned counsel for the petitioner and perused the records.

3. The petitioner instituted the suit against the respondents seeking declaration of title and permanent injunction. The defendants filed their written statement in the year 2007 and a report of the Advocate Commissioner was filed on 17.06.2008, stating that there are existing buildings in the suit property. Despite the same, the petitioner has not taken any steps to include the prayer for mandatory injunction. He chose to file an application on 16.03.2016. The Trial Court dismissed the application holding that the prayer is barred by limitation, relying upon the judgment reported in 2015(1)TNCJ(61)(MAD)(MB).

4. In view of the above undisputed facts, I do not find any irregularity or illegality in the order impugned. In the result, this Civil Revision Petition is dismissed. No Costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar PJL To The District Munsif, Palani.

+1CC to Mr.D.Venkatesh, Advocate Sr.No.28185 GJM/SKS/RR/13.6.16-2p-3c C.R.P(MD)No.1031 of 2016(PD) 06.06.2016 https://hcservices.ecourts.gov.in/hcservices/