V. Manojkumar vs V.S. Arumugam
2023 Latest Caselaw 11861 Mad

                                                                                 C.R.P. No. 3218 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED :05.09.2023

                                                      CORAM :

                        THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
                                      C.R.P. No. 3218 of 2023
                                                and
                                      C.M.P.No.19847 of 2023

                     V. ManojKumar                                             ...Petitioner


                                                        .Vs.

                     1. V.S. Arumugam

                     2. V.S. Kulandai Velusamy

                     3. V.P.Vellingirinathan

                     4.V.M. Vijayalakshmi

                     5. The Tahsildar,
                     Perur Taluk, Perur
                     Coimbatore.                                       ...Respondents

                     Prayer: This Civil Revision Petition is filed under Article 227 of the

                     Constitution of India praying to set aside the order passed in I.A.No.8 of

                     2023 in O.S.No.928 of 2015 on the file of the I Additional District Munsif

                     Coimbatore dated 14.07.2023 and pass orders.

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                       C.R.P. No. 3218 of 2023




                                  For Petitioner          : Mr. P. Chandrasekar

                                  For Respondent          :Mr.K. Govi Ganesan counsel for Cavetor

                                                            ORDER

This petition is filed to set aside the order passed in I.A.No.8 of

2023 in O.S.No.928 of 2015 on the file of the I Additional District Munsif

Coimbatore dated 14.07.2023

2. The facts of the case is that the first and second respondents

herein have filed the suit in O.S.No.928 of 2015 before the I Additional

District Munsif Court, Coimbatore praying to demarcate the subject property

and for permanent injunction restraining the defendants 2 and 3 their men

agents and other persons claiming rights through them from trespassing into

the suit property or interfering with the plaintiffs peaceful possession and

enjoyment of the suit property. Pending suit, the mother of the petitioner

herein transferred the property to the petitioner herein due to which I.A.No.5

of 2023 was filed to amend the cause title and accordingly the petitioner was

arrayed as 5th defendant in the suit, whereas the first and respondents who

are adjacent land owners have executed partition deed and the same was not

https://www.mhc.tn.gov.in/judis C.R.P. No. 3218 of 2023

disclosed in the suit. It is pertinent to note that once the partition was

effected between the parties they lose their right to continue in the suit

proceedings in the capacity of owner of the schedule mentioned property.

However, the first and respondents mislead the Court by disclosing the

partition took place between them. Furthermore the first and second

respondents filed a memo before the Trial Court on 02.01.2023 stating that

the first respondent may be removed and the second respondent may be

allowed to continue the case, but they have not stated the reason for which

the first respondent should be removed from the case. Therefore, the

petitioner filed I.A.No.8 of 2023 in O.S.No.928 of 2023 under Order 7 Rule

11 read with Section 151 of CPC to reject he plaint as it is not maintainable

under provisions of CPC and also the suit is not having cause of action.

However, the I.A.No.8 of 2023 in O.S.No.928 of 2023 was dismissed vide

order dated 14.07.2023. Hence ,this petition.

3. The learned counsel for the petitioner submitted that the first

and second respondents herein have concealed about the partition deed and

https://www.mhc.tn.gov.in/judis C.R.P. No. 3218 of 2023

pretended themselves as the owner of the subject property which is the clear

abuse of process of law and the same has not taken cognizance by the Court

below while passing the impugned order. Hence prays to allow this petition.

4. The learned counsel for the respondents submitted that the suit

is of the year 2015 and the petitioner herein with an intention to delay the

Judgment in the suit has filed the I.A. He further submitted that there is no

maintainability in the I.A filed by the petitioners. Hence he prays to dismiss

this petition.

5. Heard both sides and perused the materials available on record.

6. On a perusal of the records it is seen that the subject property is

a ancestral one and the suit is of the year 2015. After filing of the suit the

subsequent events happened during pendency of the suit i.e the Registered

settlement Deed executed in favour of the petitioner/5th defendant by his

mother and the partition took place between the first and respondents are

subject to the facts of the case. Due to the above events, there will be some

https://www.mhc.tn.gov.in/judis C.R.P. No. 3218 of 2023

obstacles in demarcating the subject property among the parties concerned.

Hence the learned Judge is hereby directed to take steps for demarcating the

subject property in the manner known to law before passing orders in the

suit.

7. In view of the above, the learned Judge,Additional District

Munsif Coimbatore is directed to complete the trial and dispose of the suit

in O.S.No.928 of 2015 on or before 29.12.2023, without giving

unnecessary adjournments. No order as to costs. Consequently, the

connected miscellaneous petition is closed.

05.09.2023

smn Index : Yes/No Internet: Yes/No

To.

1. The I Additional District Munsif Coimbatore

https://www.mhc.tn.gov.in/judis C.R.P. No. 3218 of 2023

V.BHAVANI SUBBAROYAN,J.

Smn

C.R.P. No. 3218 of 2023 and C.M.P.No.19847 of 2023

05.09.2023

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