Madras High CourtCRP(MD)/33/2016disposed of

R. Kaliaperumal v. R. Arumugham

2018-08-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.33 of 2016 and C.M.P.(MD)No.131 of 2016 R.Kaliaperumal ... Petitioner/Petitioner/ Defendant Vs.

R.Arumugham ... Respondent/Respondent/ Plaintiff PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.247 of 2015 in O.S.No.141 of 2014 on the file of the learned District Munsif, Thiruvaiyaru, dated 25.11.2015, by allowing this Civil Revision petition.

For Petitioner : M/s.S.Lingeswari For Respondent : Mr.K.Baalasundharam

O R D E R

The defendant in O.S.No.141 of 2014 on the file of the learned District Munsif, Thiruvaiyaru, is the Revision petitioner herein.

2. The Revision petitioner filed I.A.No.247 of 2015 for rejection of plaint. The said application was dismissed by order dated 25.11.2015. The correctness of the said order is assailed in this Civil Revision petition.

3. Heard the learned counsel on either side.

4. It appears that the trial in the suit has already commenced. Therefore, this Court is of the view that the parties can as well thrash out all the issues in the main suit. Leaving open all the contentions raised by the defendant and directing the learned trial Judge to address all the issues in the main suit, the Civil Revision petition stands disposed of.

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5. The suit is of the year 2014. Therefore, the learned District Munsif, Thiruvaiyaru, is directed to conclude the

proceedings in O.S.No.141 of 2014 within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The District Munsif, Thiruvaiyaru.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.K.BAALASUNDHARAM, ADVOCATE IN SR No. 80026 + 1 CC TO Mr.K.GUHAN, ADVOCATE IN SR No. 79980 PMU TE/SKN/SAR-2 : 10/09/2018 : 2P/6C C.R.P.(MD).No.33 of 2016 and C.M.P.(MD)No.131 of 2016 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/