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Madras High CourtCRP(MD)/2549/2022dismissed

Vahithabanu v. Abulkalam,

2025-08-25Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/08/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2549 of 2022 and CMP(MD) No.12515 of 2022 Vahithabanu ... Petitioner Vs

1. Abulkalam

2. Syed Raviya ... Respondents PRAYER :-Civil Revision petition filed Under Article 227 of the Constitution of India,to allow the CRP with cost by striking off the suit in O.S.No.851 of 2022 on the file of Principal District Munsif Court, Madurai.

For Petitioner : Mr.S.Vinoth For Respondents : Mr.D.Malaichamy

ORDER

The Civil Revision Petition is filed for striking off the plaint in O.S.No.851 of 2022 on the file of Principal District Munsif Court, Madurai.

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2. The petitioner is the defendant in OS No.851 of 2022 and the said suit is filed for permanent injunction. The petitioner is before this Court to strike off the plaint on the ground that there was an earlier suit filed for the very same relief and hence, the suit is not maintainable and prays for strike off the same.

3. I have considered the rival submissions and perused the materials available on record.

4. A perusal of the records would go to show that since the suit is one for permanent injunction and the issues are triable in nature, the petitioner is permitted to raise all the grounds before the trial Court at the time of trial. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 25.08.2025 NCC : Yes/No Index : Yes/No RR 2/4

To 1.The Principal District Munsif Court, Madurai. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) No.2549 of 2022 Date : 25/08/2025 4/4