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Madras High CourtCRP(MD)/2343/2024allowed

Valliyur Subramania Swamy Temple v. C.J.V.Daniel

2024-10-18Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)Nos.13280 to 13282 of 2024 C.R.P(MD)No.2343 of 2024:

... Petitioner / Petitioner / Plaintiff C.S.I.Church, Valliyoor, Radhapuram Taluk, 1/6

15.03.2024 in I.A.No.5 of 2024 in O.S.No.27 of 2018 on the file of Sub C.R.P(MD)No.2344 of 2024:

... Petitioner / Petitioner / Plaintiff C.S.I.Church, Valliyoor, Radhapuram Taluk, 2/6

15.03.2024 in I.A.No.6 of 2024 in O.S.No.27 of 2018 on the file of Sub C.R.P(MD)No.2345 of 2024:

... Petitioner / Petitioner / Plaintiff C.S.I.Church, Valliyoor, 3/6

15.03.2024 in I.A.No.7 of 2024 in O.S.No.27 of 2018 on the file of Sub COMMON ORDER Heard both sides.

2.The plaintiff in O.S.No.27 of 2018 on the file of Sub Court, Valliyur is the revision petitioner herein. The defendants took the stand that the suit has been instituted by the Executive Officer without proper permission.

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3.Now the said permission has been obtained. The plaintiff wants to reopen the suit for the purpose of marking the said document. He also wants to mark the property registered under Section 29 of the HR & CE Act. These are only formal matters. As a result, the matters is not going to be prolonged.

4.In this view of the matter, the impugned orders are set aside. The Court below is directed to dispose of O.S.No.27 of 2018 on merits and in accordance with law within a period of six months from the next hearing date.

5.These Civil Revision Petitions are allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

18.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 5/6

G.R.SWAMINATHAN, J.

MGA To The Sub Court, Valliyur.

and C.M.P(MD)Nos.13280 to 13282 of 2024 18.10.2024 6/6