Lekshmikunju vs Harikumar
2023 Latest Caselaw 4276 Mad

                                                                                  C.R.P(MD)No.1018 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 17.04.2023

                                                            CORAM

                                      THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                 C.R.P(MD)No.1018 of 2023
                                                          and
                                                 C.M.P(MD)No.4773 of 2023

                     Lekshmikunju                                       ... Petitioner/Appellant/
                                                                            Respondent

                                                              Vs.

                     Harikumar                                          ...Respondent/Respondent/
                                                                           Petitioner


                     PRAYER: Civil Revision Petition is filed under Article 227 of
                     Constitution of India, against the fair and decreetal order, dated
                     23.10.2019 passed in C.M.A.No.1 of 2018 on the file of the Subordinate
                     Judge, Kuzhithurai, confirming the fair and decreetal order, dated
                     28.11.2017 passed in I.A.No.356 of 2017 in O.S.No.149 of 1996 on the
                     file of the Principal District Munsif Court, Kuzhithurai.


                                         For Petitioners    : M/s.J.Anandavalli

                                                           ORDER

The present Civil Revision Petition has been filed against the fair

and decreetal order, dated 23.10.2019 passed in C.M.A.No.1 of 2018 on

the file of the Subordinate Judge, Kuzhithurai, confirming the fair and https://www.mhc.tn.gov.in/judis

C.R.P(MD)No.1018 of 2023

decreetal order, dated 28.11.2017 passed in I.A.No.356 of 2017 in

O.S.No.149 of 1996 on the file of the Principal District Munsif Court,

Kuzhithurai.

2. The petitioner is the plaintiff before the Principal District

Munsif Court, Kuzhithurai in O.S.No.149 of 1996. The suit was

originally filed in the year 1993 as O.S.No.99 of 1993. The suit has been

filed for partition of the suit schedule property measuring an extent of

0.38 acres. The petitioner claims to have an interest in 19.250 cents of

land out of total extent of 0.38 acres.

3. It is the case of the petitioner that the partition suit has been

delayed and that there are about 93 defendants, who have been

subsequently impleaded for a period of time and the respondent/12th

defendant had threatened to demolish the common temple. The

respondent/12th defendant has filed an application in I.A.No.356 of 2017

in O.S.No.149 of 1996 before the Principal Distrit Munsif Court,

Kuzhithurai. The Principal Distrit Munsif Court, Kuzhithurai had

ordered status quo.

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C.R.P(MD)No.1018 of 2023

4. Aggrieved by the same, the petitioner had filed an appeal in

C.M.A.No.1 of 2019 before the Sub Court, Kuzhithurai, which was

dismissed. The above appeal holding the order passed by the Principal

Distrit Munsif Court, Kuzhithurai does not warrant any interference.

5. The learned counsel for the petitioner submits that the temple is

in dilapidated condition and therefore, it is likely to collapse. It is

submitted that it is a common temple and belongs to Tharavadu people.

The present civil revision petition has been filed is in variance with the

grounds of C.M.A.No.1 of 2019, which was dismissed by the Sub Court,

Kuzhithurai by its judgment and decree, dated 23.10.2019 by upholding

the status quo order, dated 28.11.2017 in I.A.No.356 of 2017 passed by

the Principal Distrit Munsif Court, Kuzhithurai.

6. In my view, the present civil revision petition against the

impugned order cannot be entertained as fresh cause of action appears to

have arisen, which is being canvassed now (i.e) the temple is in

dilapidated condition and is likely to collapse. The Principal District

Munsif Court is currently ceased of the above partition suit in O.S.No.

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C.R.P(MD)No.1018 of 2023

149 of 1996. The petitioner has to file proper application before the

Principal District Munsif Court for appropriate relief pending disposal of

the suit. If such application is filed, the Principal District Munsif Court

shall consider the same and pass appropriate orders. It is also open for

the Court to refer the parties for mediation as it is submitted that the

parties are in dispute are from the same family.

7. The present Civil Revision Petition stands dismissed with the

above observations. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                                    17.04.2023
                     NCC              :   Yes / No
                     Index            :   Yes / No
                     Internet         :   Yes / No
                     sn

                     To

                     1.The Subordinate Judge,
                       Kuzhithurai.

2.The Principal District Munsif Court, Kuzhithurai.

3.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P(MD)No.1018 of 2023

C.SARAVANAN,J.

SN

C.R.P(MD)No.1018 of 2023

17.04.2023

https://www.mhc.tn.gov.in/judis