Madras High CourtCRP(MD)/1348/2025dismissed

M.Abudhahir v. The Sub Registrar

2025-04-25Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.1348 of 2025 and C.M.P(MD) No.7010 of 2025 M.Abudhahir ... Petitioner/Petitioner/ Plaintiff Vs.

1. The Sub Registrar, Nagal Naickenpatti Sub Registrar Office, Velu Natchiyar Campus, Dindigul, Dindigul District.

2. The Joint Sub-Registrar, Joint Sub Registrar Office No.11, Velu Natchiyar Campus, Dindigul, Dindigul District.

... Respondents/Respondents/ Defendants 1 and 8 PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the docket order dated 13.03.2025 made in I.A.No.2 of 2023 in O.S.No.335 of 2023 on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul and allow this Civil Revision Petition.

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For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

The plaintiff in O.S.No.335 of 2023 on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul, has filed the present Civil Revision Petition challenging the dismissal of his application filed in I.A.No.2 of 2023.

2. A perusal of the records reveal that the suit has been filed for the relief of partition and separate possession. Pending suit, the plaintiff has filed I.A.No.2 of 2023 seeking interim injunction not to alienate the suit schedule properties. A perusal of the said application reveals that the plaintiff has not impleaded the private defendants in the said application. He had impleaded only the Sub Registrar and the Joint Registrar, as defendants 7 and 8. The trial Court has rightly rejected the said application on the ground that without impleading the private defendants, the application for injunction is not maintainable.

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3. In view of the above said facts, the order passed by the trial Court is hereby confirmed and this Civil Revision Petition stands dismissed. However, the plaintiff is at liberty to file a fresh application seeking interim injunction as against the private defendants. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed. 25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul.

2. The Sub Registrar, Nagal Naickenpatti Sub Registrar Office, Velu Natchiyar Campus, Dindigul, Dindigul District.

3. The Joint Sub-Registrar, Joint Sub Registrar Office No.11, Velu Natchiyar Campus, Dindigul, Dindigul District.

4. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

ebsi C.R.P(PD)(MD)No.1348 of 2025 25.04.2025 4/4