Rameeza Begum v. Mubarak Ali
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.11788 of 2023 Rameeza Begum ... Petitioner / Defendant No.3 Vs.
1.Mubarak Ali 2.Siddique 3.Raja Mohammed ... Respondents / Plaintiffs 4.Sara Bivi (Died) 5.Nizam 6.Noorjahan 7.Mohammed Ibrahim (Died) 8.Dilsath 9.Katheeja 10.Asma 11.Iliyas 1/5
12.Jamal 13.Mujapur Raguman 14.Mumthaj 15.Haneez Fathima 16.Alima Bivi 17.Noor Mohammed 18.Lukman Hakkim 19.Jasmin Begum 20.Fathiamuthu Johara 21.Faiross Banu 22.Sabeena Banu 23.Rafique 24.Balkish Bivi 25.Aribha 26.Vahida 27.Fathima Hani ... Respondents / Defendants 1 & 2, 4 to 25 Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.162 of 2021 on the file of the District Subordinate Judge, Manapparai, Trichy District. For Petitioner : Mr.N.Mohideen Basha 2/5
For Respondents : Mr.Raguvaran Gopalan for Mr.K.Prabhakar for R1 to R3, R5, R6, R11 R17 to R27 : R4 & R7 - died
O R D E R
The civil revision petition has been filed to strike off O.S.No.162 of 2021 on the file of the Sub Court, Manapparai.
2. The learned counsel appearing for the revision petitioner reiterated all the contentions set out in the memorandum of grounds of revision. I am not swayed by the said submission. The Hon'ble Supreme Court in the decision reported in (2019) 9 SCC 538 (Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs. Tuticorin Educational Society) had held that where there is a availability of remedy under CPC, it will deter the High Court from exercising jurisdiction under Article 227 of the Constitution of India. The petitioner can very well file an application under Order 7 Rule 11 of C.P.C to reject the plaint. When such an effective remedy is available, the petitioner ought not to have come before this Court.
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G.R.SWAMINATHAN, J.
rmi
3. Leaving open all the rights and remedies of the revision petitioner, 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 District Subordinate Judge, Manapparai, Trichy District. 4/5
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