Madras High CourtCRP(MD)/1743/2021allowed

S.T.Christy v. M.Saravana Kumar

2022-11-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRP PD(MD) No.1743 of 2021 and CMP(MD) No.9292 of 2021 1.S.T.Christy 2.Jose Edwin 3.Joshia Mirachin ... Petitioners Vs M.Saravana Kumar ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed in I.A.No.986 of 2019 in O.S.No.182 of 2019, dated 10.11.2020 and consequently reject the plaint in O.S.No.182 of 2019 on the file of the Additional District Munsif, Dindigul.

For Petitioners : Mr.R.Pon Karthikeyan For Respondent : Mr.N.Rahamadullah

O R D E R

This Civil revision petition is arising out of the order 1/4

passed by the learned Additional District Munsif, Dindigul in I.A.No. 986 of 2019 in O.S.No.182 of 2019, dated 10.11.2020. 2.The petitioners are the landlords and the respondent is the lessee. The respondent has filed the above suit in O.S.No.182 of 2019, before the District Munsif Court, Dindigul as against these petitioners for injunction not to evict him without following due process of law. The petitioners have filed an interlocutory application in I.A.No.986 of 2019, under Order 7 Rule 11 of Civil Procedure Code, to reject the plaint that there is no cause of action for the same. The application was dismissed by the trial Court. Aggrieved over the same, the present Civil Revision Petition is filed.

3.Today(24.11.2022), when this Civil Revision Petition is taken up for hearing, the learned counsel appearing for the petitioner as well as the respondent submit that they have amicably resolved the 2/4

issue and the respondent agreed to vacate the premises on or before 20.12.2022 and therefore nothing survives in O.S.No.182 of 2019. To that effect, they have also filed a joint compromise memo before this Court.

4.Recording the above joint compromise memo, this Civil Revision Petition is closed. The joint compromise memo shall form part and parcel of this order. The parties shall produce the Joint Compromise memo before the Additional District Munsif Court, Dindigul, based on which, the trial Court shall pass an order suitably. No costs. Consequently, connected miscellaneous petition is closed. 24.11.2022 Internet : Yes Index : Yes / No vrn To The Additional District Munsif, Dindigul.

3/4

B.PUGALENDHI, J.

vrn Order made in CRP PD(MD) No.1743 of 2021 and CMP(MD) No.9292 of 2021 24.11.2022 4/4