Madras High CourtCRP(MD)/572/2016disposed of

M.Anthonysamy, v. N.Kottaisamy,

2016-09-19Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.09.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P(MD)No.572 of 2016 (PD) and C.M.P(MD)No.2482 of 2016 M.Anthonysamy .. Petitioner/Petitioner/Plaintiff vs.

1.N.Kottaisamy 2.A.Sandhiyagu .. Respondents/Respondents/Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against the order passed in I.A.No.715 of 2015 in O.S.No.100 of 2013, dated 11.09.2015 by the District Munsif Court, Devakottai.

For Petitioner : Mrs.Porkodi Karnan For R - 1 : Mr.R.Sundar Srinivasan

ORDER

This Civil Revision Petition arises out of the order, dated 11.09.2015 passed in I.A.No.715 of 2015 in O.S.No.100 of 2013, by the District Munsif Court, Devakottai.

2.The learned counsel for the petitioner filed an affidavit before this Court by submitting that the petitioner is going to file a fresh suit only for the relief of preliminary and final decree of partition and for consequential reliefs and further stated that the petitioner is not challenging for the very same relief in the fresh suit as prayed in the present suit.

3.Accepting the affidavit filed by the petitioner, it is open to the petitioner to file a fresh suit, if it is permitted under law. 4.In view of the above grounds, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

ps To The District Munsif, Devakottai.

+1CC to Mr.Polax Legal Solutions, Mrs.Porkodi Karnan, Advocate Sr.No.53596 +1CC to Mr.R.Sundar Srinivasan, Advocate Sr.No.53596 GJM/CK/SAR-III-24.10.16-2p-4C C.R.P(MD)No.572 of 2016(PD) and C.M.P(MD)No.2482 of 2016 19.09.2016 https://hcservices.ecourts.gov.in/hcservices/