Madras High CourtCRP(MD)/619/2016dismissed

Haji Mohamed v. Munisamyraj

2018-09-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.619 of 2016 and C.M.P.(MD).No.2827 of 2016 Haji Mohamed .. Petitioner / Petitioner Plaintiff vs.

1.Munisamyraj 2.Rengaraj Manoharan @ Poth Manohar (died) 3.Anand 4.Baskaran Balasubramanian (died) 5.Kumar 6.Kannan 7.Jalachandra Mariyamman Kovil, rep. by its Hereditary Trustee Chandra.

8.Ravi 9.Muthulakshmi 10.Srinivasa Raja

11. Shobha .. Respondents / Respondents/ Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 20.07.2015 made in I.A.No.552 of 2014 in O.S.No.245 of 2009 on the file of the Principal District Munsif Court, Kumbakonam. For Petitioner : Mr.T.V.Sivakumar For Respondent No.3 & 8 : Mr. S.Rajaprabu For Respondents 4 and 5 : No appearance For Respondents 1,2,6,7,9,10 &11 : dismissed

ORDER

The plaintiff in O.S.No.245 of 2009 on the file of the learned Principal District Munsif, Kumbakonam is the revision petitioner herein. The said suit was apparently filed under Section 6 of the Specific Relief Act, 1963 for directing the contesting defendants in the suit to put the plaintiff back in possession. In the said suit I.A.No.552 of 2014 was filed for withdrawing the suit with liberty to file a fresh one on the same https://hcservices.ecourts.gov.in/hcservices/

cause of action. The Court below by order dated 20.07.2015 dismissed the said IA. Questioning the same this Civil Revision Petition has been filed.

2. Heard the learned counsel on either side.

3. The Court below has observed that the question of permitting the plaintiff to withdraw the suit and granting liberty to file a fresh one on the same cause of action would arise only if the suit suffers from a formal defect. In this case, the plaintiff has clearly not shown the existence of such a formal defect. Therefore, the Court below was right in dismissing the IA.

5. Concurring with the reasons assigned by the Court below and finding no merit in this Petition, this Civil Revision Petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is dismissed.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS-IV) To

1. The Principal District Munsif, Kumbakonam.

+1 CC To MR.S.RAJAPRABU, Advocate SR. NO.82357 +1 CC To MR.H.LAKSHMI SHANKAR, Advocate SR. NO. 82220 C.R.P.(MD)No.619 of 2016 04.09.2018 PJL TR/PM/SAR-IV(27.10.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/