Madras High CourtCRP(MD)/792/2020dismissed

S.Subbarayan v. Kavandai @ Kavandammal

2024-02-21Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM:

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and C.M.P.(MD)No.5353 of 2020 S.Subbarayan ... Petitioner Vs.

1.Kavandai @ Kavandammal 2.Selvi ... Respondents PRAYER : Petition filed under Article 227 of the Constitution of India, praying to set aside the Fair and Decreetal order dated 10.01.2020 passed in I.A.No.4 of 2019 in O.S.No.162 of 2015 on the file of the I Additional District Judge (PCR), Tiruchirappalli.

For Petitioner :

Mr.M.Saravanan For Respondents :

Mr.G.Anto Prince, for M/s.Peace Law Foundation

O R D E R

This Civil Revision Petition has been filed aggrieved by an order dated 10.01.2020 passed in I.A.No.4 of 2019 in O.S.No.162 of 2015 on the file of the Court of I Additional District Judge, Tiruchirappalli. The said application was filed under Order 7 Rule 11 of C.P.C., seeking rejection of the plaint by the petitioner/defendant No.6. The said application was dismissed by the learned trial Court.

2. Today, when the matter is taken up for consideration, the learned counsel for the petitioner fairly submitted that the petitioner/defendant No.6 may be granted liberty to raise all the pleas that are raised in the application in the main suit itself.

3. The learned counsel for the respondents have not seriously opposed the submission of the learned counsel for the petitioner.

4. In the light of the above, this Court does not seen any impediment for granting liberty to the petitioner. Accordingly, this Civil Revision Petition is dismissed with liberty as sought for by the learned counsel for the petitioner to raise all the grounds raised in the application filed under Order 7 Rule 11 of C.P.C., in the main suit. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 21.02.2024 Index :

Yes / No vsm

MUMMINENI SUDHEER KUMAR, J.

vsm To 1.The I Additional District Judge (PCR), Tiruchirappalli. 2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

21.02.2024