Madras High CourtCRP(MD)/1677/2025dismissed

Jesuraja v. The Chairman

2025-06-16Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/06/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1677 of 2025 and CMP(MD) No.8933 of 2025 Jesuraja ... Petitioner/Plaintiff Vs

1. The Chairman, Tamilnadu Electricity Board, Having its Office at Anna Salai, Chennai..

2. The Superintending Engineer, Tamilnadu Electricity Board, Office at Maharaja Nagar, Tirunelveli.

3. The Executive Engineer, Non Conventional Energy Resources, Office at Maharaja Nagar, Tirunelveli.

4. Thangaraja

5. Devakani

6. Immanuvel

7. Selvaraj 1/5

8. Paciaselvi

9. Anitha

10. Mery Bai

11. M/s. Prb Energy Ltd.,, Through its Director, D.No.182/2, Poonthamalli, By Pass Road, Chennai.

... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the order passed in I.A.No.13 of 2025 in O.S.No.62 of 2014 dated 29.04.2025 on the file of the Additional District Munsif Court, Valliyoor, For Petitioner : Mr.M.Subbiah

ORDER

The Civil Revision Petition is filed against the order dated 29.04.2025 in I.A.No.13 of 2025 in O.S.No.62 of 2014 on the file of the Additional District Munsif, Valliyoor.

2. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with. 2/5

3. The learned counsel for the petitioner would submit that the petitioner is the plaintiff, who instituted the suit for declaration, mandatory injunction and recovery of possession and after completion of his evidence, the matter was posted for defendants' evidence. At the time, the defendants filed memo for framing additional issues and the same was objected to by the petitioner by filing IA No.12/2023 and the same was dismissed. Challenging the same, the petitioner filed CRP(MD) No.1115 of 2025 before this Court and the same is pending. Subsequently, the trial Court proceeded with the matter and framed the additional issues. Therefore, the petitioner filed IA No.13/2025 to stay the proceedings under Section 151 of the Code of Civil Procedure. The said interlocutory application came to be dismissed, challenging the same, the petitioner is before this Court.

4. I have considered the submissions and perused the materials available on record.

5. The fact that the petitioner has instituted the suit for declaration, mandatory injunction and recovery of possession and the defendants filed 3/5

memo for framing additional issues and the same was objected to by the petitioner by filing IA No.12/2023, which is the subject matter in CRP(MD) No.1115/2025 and the said IA was dismissed are all not in dispute. When the trial Court proceeded with the matter and framed the additional issues, the petitioner filed IA No.13/2025 to stay the proceedings under Section 151 of the Code of Civil Procedure. Since the trial Court has proceeded with the trial, the issue raised by the petitioner is not sustainable one and hence, the Civil Revision Petition is dismissed with liberty to the petitioner to canvass all the points before the pending suit. No costs. Consequently connected Miscellaneous Petition is closed. 16.06.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Additional District Munsif Court, Valliyoor, 2.VR Section Madurai Bench of Madras High Court, Madurai.

M.DHANDAPANI,J 4/5

ORDER

IN CRP(MD) (NPD) No.1677 of 2025 Date : 16/06/2025 5/5