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Madras High CourtCRP(MD)/2337/2022dismissed

P.Subramanian, v. V.Duraisamy

2025-08-07Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(MD)No.2337 of 2022 and C.M.P.(MD)No.11282 of 2022 P.Subramanian

...Petitioner

Vs.

1.V.Duraisamy 2.R.Kandasamy

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 24.03.2022 passed I.A.No.01 of 2021 in O.S.No.336 of 2013, on the file of the Learned Additional District Munsif, Karur.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.H.Arumugam 1/5

O R D E R

This petition has been filed seeking to set aside the fair and decreetal order dated 24.03.2022 passed in I.A.No.01 of 2021 in O.S.No.336 of 2013, on the file of Learned Additional District Munsif, Karur. 2.Learned Counsel for the petitioner would submit that the petitioner is the plaintiff in O.S.No.336 of 2013. At the time of arguments, the respondents filed I.A.No.1 of 2021, for filing additional written statement raising a ground of non-joinder of necessary parties in the suit. However, it is only a bare injunction suit and there is no necessity for impleading all the legal heirs of the first wife of Muthusamy.

3.Learned Counsel for the petitioner would further submit that though the petitioner has challenged the order impugned herein, he would be satisfied, if this Court issues a direction permitting the petitioner to raise all issues which are raised herein before the trial Court at the time of trial. 4.Recording the same, this Civil Revision Petition stands dismissed, with liberty to the petitioner to raise all the issues raised herein before the trial Court. 2/5

There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

07.08.2025 Internet:Yes/No Index:Yes/No MR 3/5

To 1.The Additional District Munsif, Karur.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

4/5

M.DHANDAPANI , J.

MR C.R.P.(MD)No.2337 of 2022 07.08.2025 5/5