Madras High CourtCRP(MD)/987/2013dismissed

Rathinavelu, 2.S.Saravanasekar v. S.Thangamani

2018-09-19Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.R.P.(PD).(MD) No.987 of 2013 and M.P.(MD).No.1 of 2013 1.Rathinavelu 2.Saravanasekar ... Petitioners/Plaintiffs (Both are Rep.by their General Power Agent T.Ravindran) Vs.

1.S.Thangamani (Died) 2.Shobila Kanmani 3.S.Kavi Rathina 4.Sindhu Lakshmi 5.Indu Nila ... Respondents/Defendants Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 27.11.2012 made in I.A.No.996 of 2012 in O.S.No.83 of 2011 on the file of Principal District Munsif, Karur. For Petitioners : Mr.P.Thiagarajan 1st Respondent : Died For Respondents 2 to 5 : Mr.M.Karthikeya Venkatachalapathy

ORDER

The petitioners being the plaintiffs made an application seeking permission of the Court to withdraw the suit with liberty to file fresh suit, which was accordingly rejected. Challenging the same, the present Civil Revision Petition has been filed. 2.It submitted by the learned counsel for the petitioners that another suit in O.S.No.201 of 2016 has been filed by the respondents on the file of Principal District Munsif Karur for the same relief, in which the rectification sought to be made by the petitioners has also been taken note of.

3.In such view of the matter, there is no need to decide the revision on merits. Hence, this Civil Revision Petition is dismissed giving liberty to the petitioners to raise all the contentions raised herein in O.S.No.201 of 2016. Consequently, connected M.P. (MD) No.1 of 2013 is also dismissed. No Costs. Sd/- Assistant Registrar(T&P) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-I)

To The Principal District Munsif, Karur.

Copy To:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) + 1 CC TO Mr.P.Thiagarajan, ADVOCATE IN SR No. 85556. sj DS SKN SAR-1 23 10 2018 2P/5C C.R.P.(PD).(MD).No.987 of 2013 and M.P.(MD).No.1 of 2013 19.09.2018 https://hcservices.ecourts.gov.in/hcservices/