Madras High CourtCRP(MD)/2005/2024dismissed

A.R.Velu v. Selvaraj

2024-08-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.11385 of 2024 A.R.Velu ... Petitioner / Petitioner / Plaintiff Vs.

1.Selvaraj 2.Arasan 3.Muthammal 4.Karuppayee Ammal 5.Seerangammal ... Respondents / Respondents / Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 22.04.2024 in I.A.No.8 of 2024 in O.S.No.111 of 2011 on the file of the learned Principal District Munsif Court, Kulithalai, Karur District.

For Petitioner : Mr.B.Prahalad Ravi 1/4

O R D E R

Heard the learned counsel appearing for the revision petitioner.

2. The petitioner herein filed O.S.No.111 of 2011 on the file of the Principal District Munsif Court, Kulithalai seeking the relief of declaration and permanent injunction. In the said suit, the petitioner filed I.A.No.8 of 2024 for reopening the case. IA was dismissed vide order dated 22.04.2024. Questioning the same, this civil revision petition has been filed.

3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the memorandum of grounds and called upon this Court to set aside the impugned order and grant relief as prayed for.

4. I am not swayed by the said submission. The suit is 13 years old. It is posted 'for argument'. The court below has noted that on the side of the plaintiff, the Special Deputy Thasildar, Kadavur was examined as P.W.2 and certain documents were also marked. The court below has clearly stated that filing of IA appears to be to drag on the suit proceedings. In exercise of jurisdiction under Article 227 of the Constitution of India, I am not inclined to interfere with the impugned order.

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5. The Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

23.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Principal District Munsif Court, Kulithalai, Karur District. 3/4

G.R.SWAMINATHAN, J.

rmi 23.08.2024 4/4