M.Muruganantham v. Jeyalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.PD[MD]No.1657 of 2018 and C.M.P.[MD]Nos.7265 & 8653 of 2018 1.M.Muruganantham 2.Saritha : Petitioners/Defendants 1&2 Vs.

1.Jeyalakshmi 2.Senthil Kumar : Respondents /Plaintiffs PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to call for the record pursuant to the O.S.No.9 of 2018, on the file of Principal District Munsif Court, Manamadurai and to struck off plaint in O.S.No.9 of 2018. For Petitioners : Mr.G.Jeremiah For Respondents : Mr.S.Natarajan

ORDER

The defendants 1 and 2 in O.S.No.9 of 2018, on the file of the Principal District Munsif Court, Manamadurai have filed this Civil Revision Petition for striking off the plaint. 2.This Court is of the view that the revision petitioners have an effective alternative remedy under Order VII Rule 11 of CPC. The revision petitioners are permitted to file such an application before the Court below. If the said application is filed within a period of two [2] weeks from the date of receipt of a copy of this order, the same shall be disposed of by the Court below within four [4] weeks thereafter. Till then, the suit proceedings in O.S.No.9 of 2018 shall be put on hold. All the contentions available to the revision petitioners are left open.

3.The Civil Revision Petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

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

To The Principal District Munsif Court, Manamadurai.

+1CC to Mr.G.Jeremiah, Advocate, SR.No.84177 +1CC to Mr.S.Natarajan, Advocate, SR.No. 84106 C.R.P.PD[MD]No.1657 of 2018 12.09.2018 MR ES/RP/SAR 4/14.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/