Madras High Court
Poonkodi vs G.Ramesh on 6 July, 2021
CRP.PD.Nos.3022 and 3063 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.PD.Nos.3022 and 3063 of 2018
and
C.M.P.No.17760 and 17543 of 2018
C.R.P.PD.No.3022 of 2018
Poonkodi
W/o.D.Murugan
Rep by her Power Agent,
Micheal Pandian
S/o.M.Swamydoss ... Petitioner
Vs.
1. G.Ramesh
2. G.Jagadeswari ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, to call for the records in respect of memo order dated
21.08.2018 in O.S.No.229 of 2012 passed by the learned District Munsif,
Ambattur, Chennai and set aside the same and allow the Civil Revision
Petition.
For Petitioner : Mr.T.R.Senthilkumar
For Respondent : Mr.S.Parthasarathy
Senior Counsel for
Mr.P.Udhayashankar (for R1 & R2)
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CRP.PD.Nos.3022 and 3063 of 2018
C.R.P.PD.No.3063 of 2018
Poonkodi ... Petitioner
W/o.D.Murugan
Rep by her Power Agent,
Micheal Pandian
S/o.M.Swamydoss
Vs.
1. G.Ramesh
2. G.Jagadeswari ... Respondents
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the judgment and decree in I.A.No.157 of
2018 in O.S.No.229 of 2012 dated 27.03.2018 passed by the learned
District Munsif, Ambattur, Chennai and set aside the same and allow the
Civil Revision Petition.
For Petitioner : Mr.T.R.Senthilkumar
For Respondent : Mr.S.Parthasarathy
Senior Counsel for
Mr.P.Udhayashankar (for R1 & R2)
COMMON ORDER
C.R.P.PD.No.3022 of 2018 is directed as against the memo order
passed dated 21.08.2018 in O.S.No.229 of 2012 passed by the learned
District Munsif, Ambattur, Chennai, thereby rejected the memo seeking
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CRP.PD.Nos.3022 and 3063 of 2018
permission to withdraw the suit.
2. C.R.P.PD.No.3063 of 2018 is directed as against the fair and
decretal order passed in I.A.No.157 of 2018 in O.S.No.229 of 2012 dated
27.03.2018 on the file of the learned District Munsif, Ambattur, Chennai,
thereby dismissing the petition seeking permission to withdraw the suit with
liberty to file a fresh suit.
3. In both the Civil Revision Petitions, the petitioner is the plaintiff
and the respondents are the defendants. The petitioner filed the suit for
permanent injunction in respect of the suit property. While pending the suit,
the petitioner filed a petition in I.A.No.157 of 2018 seeking permission to
withdraw the suit with liberty to file a fresh suit if any and the same was
rejected. Subsequently, the petitioner also filed a memo seeking permission
of the Court below to withdraw the suit without seeking any liberty to file a
fresh suit. The said memo was also rejected by the Court below.
4. Both the counsels submitted that the petitioner may be permitted to
withdraw the suit without any liberty to file a fresh suit. Considering the
said request, the suit in O.S.No.229 of 2012 is dismissed as withdrawn
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CRP.PD.Nos.3022 and 3063 of 2018
without any liberty to file a fresh suit on the same cause of action and the
order passed in I.A.No.157 of 2018 in O.S.No.229 of 2012 dated
27.03.2018 is hereby set aside.
5. In view of the above discussion, C.R.P.No.3022 of 2018 is allowed
and C.R.P.No.3063 of 2018 is disposed. Consequently, the connected
Miscellaneous Petitions are closed. No costs.
06.07.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
1. The District Munsif, Ambattur, Chennai.
2. The Section Officer,
V.R.Section, High Court of Madras.
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CRP.PD.Nos.3022 and 3063 of 2018
G.K.ILANTHIRAIYAN,J.
Kv
C.R.P.PD.Nos.3022 and 3063 of 2018
https://www.mhc.tn.gov.in/judis/
CRP.PD.Nos.3022 and 3063 of 2018
06.07.2021
https://www.mhc.tn.gov.in/judis/
