Madras High CourtCRP(MD)/2282/2024allowed

Sakthivel v. Thangarasu (Died) 1.The Revenue Divisional Officer

2024-09-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.12920 of 2024 1.Sakthivel 2.Annavi ... Petitioners / Petitioners / Plaintiffs Vs.

Thangarasu (Died) 1.The Revenue Divisional Officer, Kulithalai, 2.The Junior Engineer, O & M.T.E.B., Iyyermalai, Krishnarayapuram, 3.The Assistant Divisional Engineer, O & M.T.N.E.B., Iyyermalai, Krishnarayapuram, 4.The President, Panchayat Board, 1/4

Thaliyampatti, Kulithalai Taluk, 5.T.Periyakkal 6.T.Saravanakumar 7.Kunjambal 8.Shanthi 9.Lakshmi ... Respondents /Respondents / Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow the civil revision petition and set aside the order passed in Unnumbered I.A.No of 2024 in O.S.No.117 of 2013 on the file of the District Munsif Court, Kulithalai dated 09.09.2024.

For Petitioners : Mr.C.Vakeeswaran For Respondents : Mr.K.Balasubramani Special Government Pleader for R1

O R D E R

Heard the learned counsel appearing for the revision petitioners. Issuance of notice to the respondents is dispensed with.

2. The petitioners filed O.S.No.117 of 2013 on the file of the District Munsif Court, Kulithalai. It is a suit for declaration and permanent injunction. 2/4

The case is now at the stage of argument. The petitioners filed IA for amendment under Order 6 Rule 17 of C.P.C. The grievance of the petitioners is that even without numbering the same, IA had been dismissed. It is well settled that the court below has to give disposal only after numbering the IA.

3. In this view of the matter, the impugned order is set aside. The court below shall number the IA and issue notice to the respondents and thereafter, pass an order on merits and in accordance with law. I make it clear that I have not gone into the merits of the matter.

4. The Civil Revision Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. 20.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi NOTE:Issue Order Copy on 20.09.2024 3/4

G.R.SWAMINATHAN, J.

rmi To:

1.The Revenue Divisional Officer, Kulithalai, 2.The District Munsif Court, Kulithalai.

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