← Library
Madras High CourtCRP(MD)/2667/2014disposed of

Pattam Chettiar, v. Krishna Moorthy,

2022-04-22Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)Nos.6904 to 6906 of 2017 1.Pattam Chettiar 2.K.Balachandar Chettiar 3.P.Gurunathan Chettiar 4.P.Sundar Chettiar 5.M.Selvaraj Chettiar (24 Manai Telugu Chettiar Sangam Represented Sree Sathavaraya Swamy Temple Devotees Through Rep.they are community and on behalf of Society) ... Petitioners/Plaintiffs Vs.

1.Krishna Moorthy 2.Patchailingam 3.Pitchai 4.Ramamoorthy 5.Muthusamy 6.Karuppasamy 7.Kumaran 8.Murugesan 9.Rathinavelu 10.Chinnakaruppan 11.Maragatham 12.Rajamani 13.C.Karmegam 14.C.Sasikala 15.C.Anand 16.Manimegalai 17.Nagarajan 18.Venkadesan 19.Suganthi 20.Rajalakshmi 21.Padmavathi 22.Mathiselvi 23.Kulanthai Therasu 24.Selvirani 25.S.Ganeshan 26.Sundaram 1/4

27.Porselvi 28.Ulagamatha 29.Anbuselvi 30.S.Ambujam 31.K.S.Iyer Prakash 32.D.Alex Pandian 33.Marimuthupillai 34.Kamatchi 35.V.Selvam 36.S.A.Chandhirababu 37.The District Registrar, Registrar Office, Dindigul District.

38.The Sub Registrar, Sub Registrar Office, Nilakottai Taluk, Dindigul District.

39.The District Collector, Collectorate Campus, Dindigul.

40.The Tahsildar, Tahsildar Office, Nilakottai Taluk, Dindigul District.

41.The Executive Officer, Nilakottai Town Panchayat, Nilakottai Taluk, Dindiguldistrict.

42.The Executive Engineer, Administration and Maintenance EB, Nilakottai, Nilakkottai Taluk, Dindigul District.

43.The Assistant Executive Engineer, Nilakottai Electricity Board, Nilakkottai Taluk, Dindigul District.

44.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul Town, Dindigul District.

(Respondents 3,5,6,7,15,21,22,27,28,29,31,41 called absent Set -exparte) (Hence notice dispensed with) ... Respondents/Defendants 2/4

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India against the order, dated, 31.10.2014, in D.No.2258 in O.S.No.58 of 2012 on the file of the District Munsif Court, Nilakottai.

For Petitioners : Mr.D.Rajkumar For Respondents : Mr.P.Mahendran for R36 Mr.A.Kannan Additional Government Pleader for R37 to R40, R42 to R44 No Appearance for R1 to R35 & R41

ORDER

The plaintiffs are the revision petitioners.

2.The plaintiffs have filed a suit for declaration of title, permanent injunction and for mandatory injunction. The learned trial Judge has passed an order, dated, 18.11.2014 that the value of the property is more than Rupees One Crore and based upon the said ground, the trial Court has returned the plaint for presentation before the competent Court, having jurisdiction by paying necessary Court fee. The trial Court has granted two months for representation of the plaint.

3.The trial Court has passed the order under Order 7 Rule 10 of the Code of Civil Procedure. The said order is an appealable order under Order 43 Rule 1(a) of the Code of Civil Procedure. Hence, the revision petition filed is not maintainable. The revision petition is dismissed on the ground that it is not maintainable. The revision petitioner is at liberty to approach the appropriate appellate Court. In case an appeal is filed, the appellate Court shall exclude the time between 8th December, 2014 till 22.04.2022, while calculating the delay in filing the appeal.

4.This Civil Revision Petition is Disposed of on the basis of the aforesaid observation. Consequently, connected Civil Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) 3/4

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Munsif, Nilakottai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-20807[F] dated 25/04/2022 ) +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-20845[F] dated 25/04/2022 ) +1 CC to M/s.P.MAHENDRAN, Advocate ( SR-20848[F] dated 25/04/2022 ) +1 CC to M/s.D.RAJKUMAR, Advocate ( SR-20833[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20881[F] dated 25/04/2022 ) Order made in 22.04.2022 RS (26.05.2022) 4P-9C 4/4