Madras High CourtCRP(MD)/2389/2024dismissed

G.Rajalakshmi v. S.Mahalakshmi

2024-09-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)No.13507 of 2024 1.G.Rajalakshmi 2.N.Gopalasamy ... Petitioners / Petitioners / Plaintiffs Vs.

1.S.Mahalakshmi 2.V.Sakadevan 3.P.Karthikeyan S.Guruvammal (Died) ... Respondents / Respondents / Defendants Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the judgment and decree dated 14.08.2024 made in I.A.No.08 of 2024 in O.S.No.15 of 2012, on the file of Sub Court, Kovilpatti.

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For Petitioners : Mr.M.Saravanakumar

ORDER

Heard the learned counsel appearing for the revision petitioners. 2.The revision petitioners are the plaintiffs in O.S.No.15 of 2012 on the file of Sub Court, Kovilpatti. They filed I.A.No.8 of 2024 for appointing an Advocate Commissioner. It was dismissed vide order dated 14.08.2024. Questioning the same, this Civil Revision Petition came to be filed.

3.The learned counsel appearing for the revision petitioners reiterated all the contentions set out in the memorandum of civil revision petition 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 submissions. The Court below has pointed out that the suit is of the year 2012. The Interlocutory 2/4

Application has been filed in the year 2024 i.e.12 years after institution of the suit. The petitioner had earlier filed similar application in I.A.No. 576 of 2019. It was dismissed on 12.02.2021. In these circumstances, the question of entertaining one more petition for similar relief does not arise at all. The reasons given by the Court below are sound. Interference is not warranted.

5.This Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

30.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Sub Court, Kovilpatti.

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G.R.SWAMINATHAN, J.

MGA and C.M.P(MD)No.13507 of 2024 30.09.2024 4/4