Madras High CourtCRP(MD)/2364/2017disposed of

C.Vijayakumar v. T.P.Ramanathan

2022-04-29Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).Nos.2364 of 2017(PD) and and C.M.P(MD)No.11355 of 2017 & 9557 of 2021 C.Vijayakumar .. Petitioner/1st Respondent/1st Defendant Vs.

1.T.P.Ramanathan ..1st Respondent/Petitioner/Plaintiff 2.M/s.Star Briyani By its Partner Vijaykumar, No.102/1B Chennai National Highways, S.R.V.School Opposite, Near Samayapuram Toll Plaza, And Sona Meena Hotel Samayapuram, S.Pudur, Tiruchirappalli-621 112.

3.S.R.V.Matriculation School, (Run by Sri Vigneshwara Educational Trust) Rep. by its Trustee, B.Sathiyamoorthy, Chennai National Highway Samayapuram Post, Mannachannallur Taluk, Trichy District.

... Respondents 2 & 3/Respondents 2 & 3/ Defendants 2 & 3 Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Fair and Decreetal Order, dated 25.10.2021 passed in I.A.No.2 of 2021 in O.S.No.99 of 2017, on the file of the First Additional District & Sessions Judge (PCR), Tiruchirappalli and allow the present Civil Revision Petition. For Petitioner :

Mr.K.R.Kishore Ram For R1 :

Mr.C.Arulvadivel alias Sekar For R2 & R3 :

No appearance 1/3

C.R.P(MD)No.2364 of 2017 C.Vijayakumar ... Petitioner/1st Respondent/1st Respondent Vs.

1.T.P.Ramanathan ... Respondent/Petitioner/Plaintiff 2.M/s.Star Briyani By its Partner Vijaykumar, No.102/1B Chennai National Highways, S.R.V.School Opposite, Near Samayapuram Toll Plaza, And Sona Meena Hotel Samayapuram, S.Pudur, Tiruchirappalli-621 112.

3.S.R.V.Matriculation School, (Run by Sri Vigneshwara Educational Trust) Rep. by its Trustee, B.Sathiyamoorthy, Chennai National Highway Samayapuram Post, Mannachannallur Taluk, Trichy District.

... Respondents 2 & 3/Respondents 2 & 3/ Respondents 2 & 3 Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the docket order dated 28.07.2017 passed in I.A.No.252/2017 in O.S.No.99 of 2017, on the file of the District Court, Trichirappalli and allow the present Civil Revision Petition.

For Petitioner :

Mr.R.Subramanian For R1 :

Mr.C.Arulvadivel alias Sekar For R2 & R3 :

No appearance COMMON ORDER The revision petitioner filed these revision to set aside the fair and decreetal order, dated 25.10.2021 and to set aside the docket order dated 28.07.2017.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent.

3. This Court directs the first respondent/plaintiff to file a petition seeking withdrawal of the suit in O.S.No.99 of 2017, on the file of the First Additional District and Sessions Judge (PCR), Tiruchirappalli and to seek liberty to file a fresh suit on the same cause of action.

2/3

4. With the above direction, these Civil Revision Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS.I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1 The First Additional District & Sessions Judge (PCR), Tiruchirappalli.

2 The District Judge, Tiruchirappalli.

3 The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.C. ARUL VADIVEL @ SEKAR, Advocate ( SR-22547[F] dated 29/04/2022 ) +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-22805[F] dated 29/04/2022 ) CRP(MD).No.2364 of 2017(PD) and 29.04.2022 SA(25.05.2022) 3P 7C 3/3