Madras High CourtCRP(MD)/2190/2018withdrawn dismissed

The Manager v. Kalpana Devi

2023-09-25Honourable Mr. Justice C.Kumarappan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.R.P.(PD(MD)Nos.2190 and 2191 of 2018 and C.M.P(MD) Nos.9750, 9751, 10106 and 10107 of 2018 C.R.P.(MD) No.2190 of 2018:

1. The Manager, Suzlon Energy Ltd, 104, First Floor, Delta Wing Towers, 177, Anna Salai, Chennai 600 002.

2. The General Manager, Suzlon Gujarat Wind Park Ltd., 4A, 4th Floor, Tirumalai Towers, HDFC Bank Upstair, Avinasi Road, Coimbatore.

3. The Manager, Suzlon Gujarat Wind Park Ltd, 0 Point, Osanatham Via, Othapitaram, Tuticorin District.

... Petitioners/Defendants -vsKalpana Devi ... Respondent/Plaintiff 1/6

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to the suit in O.S.No.253 of 2018 on the file of the Principal District Munsif Court, Tuticorin and strike off the same.

For Petitioners : Mr.M.Mohamed Ibram Saibu for M/s.Ajmal Associates For Respondent : Mr.P.Gurusamy C.R.P.(MD) No.2191 of 2018:

1. The Manager, Suzlon Energy Ltd, 104, First Floor, Delta Wing Towers, 177, Anna Salai, Chennai 600 002.

2. The General Manager, Suzlon Gujarat Wind Park Ltd., 4A, 4th Floor, Tirumalai Towers, HDFC Bank Upstair, Avinasi Road, Coimbatore.

3. The Manager, Suzlon Gujarat Wind Park Ltd, 0 Point, Osanatham Via, Othapitaram, Tuticorin District.

... Petitioners/Defendants -vs1. S.Uma Selvi

2. S.Ananthabarathi ... Respondents/Plaintiffs 2/6

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to the suit in O.S.No.259 of 2018 on the file of the Principal District Munsif Court, Tuticorin and strike off the same.

For Petitioners : Mr.M.Mohamed Ibram Saibu for M/s.Ajmal Associates For Respondents : Mr.P.Gurusamy C O M M O N O R D E R The present Civil Revision Petitions have been filed by the petitioners under Article 227 of the Constitution of India, to call for the records relating to the suit in O.S.Nos.253 and 259 of 2018 on the file of the Principal District Munsif Court, Tuticorin and strike off the same.

2. The learned Senior counsel appearing for the petitioners has prayed this Court permitting them to withdraw the Civil Revision Petitions with liberty to raise all the objection before the trial Court and he has also made an endorsement to that effect.

3. The learned counsel for the respondents though object has fairly conceded for the said prayer.

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4. Therefore, in view of the submission made by the learned counsel for the petitioners, these Civil Revision Petitions are dismissed as withdrawn. Accordingly, liberty is given to both the parties to raise all the objections before the trial Court, in the event of the same, the Court below is directed to dispose of the same according to its own merits.

5. The learned counsel for the respondents would submit that they also need to move an application for an amendment. If any application is filed for an amendment that may be considered according to its own merits. Considering the year of the suit, the Court below is directed to dispose of the suit in O.S.Nos.253 and 259 of 2018 within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 25.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6

1. The Principal District Munsif Court, Tuticorin.

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C.KUMARAPPAN,J.

ebsi C.R.P(PD)(MD)Nos.2190 and 2191 of 2018 25.09.2023 6/6