Madras High Court
Ponnar vs Nadu Kattiyan @ Periyasamy on 11 December, 2023
C.R.P.(MD)No.1919 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.12.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.1919 of 2023
and
C.M.P.(MD)No.9586 of 2023
Ponnar ... Petitioner
Vs.
1. Nadu Kattiyan @ Periyasamy
2. Periyasamy
3. Thambikilan (Died)
4. Velayutham Chettiyar
5. Pennatchi
6. Dharmaraj
7. Elayaraja
8. Nallammal
9. Kalamani ... Respondents
Prayer : This Civil Revision Petition filed under Article 227 of the
Constitution of India, to call for the records in I.A.No.12 of 2023 in
1/6
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C.R.P.(MD)No.1919 of 2023
O.S.No.96 of 2011 order dated 02.06.2023 on the file of the learned
Additional District Munsif Court, Musiri and set aside the same and allow
the civil revision petition.
For Petitioner : Mr.V.Meenakshi Sundaram
for Mr.K.Arunraj
For R1 : Mr.S.Ramesh
ORDER
The Civil Revision Petition is directed against the order passed in
I.A.No.12 of 2023 in O.S.No.96 of 2011 dated 02.06.2023 on the file of
the Additional District Munsif Court, Musiri, dismissing the application
filed under Order 7 Rule 11 C.P.C.
2. When the matter is taken up for hearing today, the learned
counsel appearing for the revision petitioner has filed a Memo dated
08.12.2023 exonerating the respondents 2 to 9 in the revision petition. The
above said Memo is recorded.
3. The first respondent/plaintiff has filed the suit in O.S.No.96 of
20211 for partition and allotment of 1/3rd share in 'A' scheduled property
and half share in 'B' scheduled property and for permanent injunction
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restraining the respondents 2 to 9/defendants 1 to 8 and the revision
petitioner/9th defendant from encumbering and alienating the property.
4. It is not in dispute that when the trial was in part-heard stage, the
revision petitioner/9th defendant has filed the application in I.A.No.12 of
2023 to reject the plaint under Order 7 Rule 11 C.P.C. and that the first
respondent/plaintiff has filed a counter statement raising objections. The
learned trial Judge, by mainly observing that there is no cause of action for
claiming partition in respect of 'A' scheduled property, but there is cause of
action in respect of 'B' scheduled property and the same is not barred by
time and taking note of the fact that the suit cannot be rejected in part,
dismissed the application.
5. The learned counsel appearing for the revision petitioner would
submit that after hearing the first respondent/plaintiff's side arguments, the
case was posted for the arguments of the revision petitioner/9th defendant
on 04.12.2023 and since the arguments was advanced on the ground that
the civil revision petition is pending, the trial Court suo motu closed the
arguments and posted the case for judgment on 12.12.2023.
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6. The learned counsel appearing for the revision petitioner would
further submit that the revision petitioner/9th defendant may be permitted
to place their arguments and the trial Court may be directed to pass the
judgment thereafter. He would further submit that the revision petitioner/
9th defendant may be permitted to argue all the aspects/points now
canvassed in the civil revision petition.
7. The learned counsel appearing for the first respondent would
submit that they are not having any objection for issuing such a direction
to the trial Court.
8. Recording the submissions made by the learned counsel
appearing for the revision petitioner as well as the first respondent, the
learned Additional District Munsif, Musiri, is hereby directed to give an
opportunity to the revision petitioner to place their arguments and hear the
reply argument of the other side, if any and then to pass the judgment.
9. With the above direction, this Civil Revision Petition is disposed
of. The revision petitioner is at liberty to canvass the aspects/points in the
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civil revision petition at the time of arguments, subject to the availability
of the pleadings and evidence. Consequently, connected Miscellaneous
Petition is closed. No costs.
11.12.2023
NCC :yes/No
Index :yes/No
Internet:yes/No
csm
Note : Issue order copy today (11.12.2023)
To
1. The Additional District Munsif Court,
Musiri.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
K.MURALI SHANKAR,J.
csm
Order made in
and
Dated : 11.12.2023
https://www.mhc.tn.gov.in/judis
