Madras High CourtCRP(MD)/2135/2018disposed of

M.Mohamed Rafi v. Guna Polavaram

2018-09-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.2135 of 2018 and C.M.P.(MD).No.9455 of 2018 M.Mohamed Rafi ..... Petitioner / Petitioner/ 6th Defendant Vs.

Guna Polavaram ..... Respondent / Respondent / Plaintiff PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in I.A.No.256 of 2016 in O.S.No.49 of 2015 on the file of the District Munsif Court, Kodaikanal, Dindigul District dated 27.02.2018.

For Petitioner : Mr.P.Paranthaman

ORDER

The sixth defendant in O.S.No.49 of 2015 on the file of the District Munsif Court, Kodaikanal is the revision petitioner herein. The revision petitioner filed an application under Order 7 Rule 11 CPC for rejecting the plaint. The Court below by the impugned order dismissed the said IA. Challenging the same, this Civil Revision Petition has been filed.

2.This Court is of the view that the issues raised in the present petition can be adjudicated only in the main suit. Therefore, leaving open all the contentions of the revision petitioner, the Court below is directed to dispose of O.S.No.49 of 2015 within a period of three months from the date of receipt of a copy of this order.

3. With these directions, this Civil Revision Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

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4. However, it is made clear that the application for extension of time will not be entertained and the compliance report will be submitted by the Court below. On receipt of the same, the Registry is directed to place the said compliance report before me. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To The District Munsif, Kodaikanal, Dindigul District.

Copy To:

The Sub Assistant Registrar, Judicial Department, Madurai Bench of Madras High Court, Madurai.

C.R.P.(MD)No.2135 of 2018 28.09.2018 PJL ES/SKN/RSK/SAR 1/10.10.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/