High Court dismissed a Civil Revision Petition seeking to strike off a plaint in a partition suit. Bench held factual and complex legal issues regarding limitation and property status require trial, barring interim revisional interference.
No order on costs; petitioners allowed to raise grounds before the Court below; connected M.P. closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(PD) No.4077 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) No.4077 of 2018 and C.M.P.No.22545 of 2018
1.B.Najma
2.M.Firose Kadhun ... Petitioners
Vs
1.K.O.Abdul Salam
3.K.O.Abdul Haium
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8.Kurshith Begum
9.Shabana Begum
10.Maqbool
... Respondents
(Respondents 8 to 10 impleaded as per order passed by GKIJ in C.M.P.No.6646 of 2021 dated 01.07.2021)
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.80 of 2017 pending on the file of the District Munsif-cum-Judicial Magistrate at Uthiramerur.
For Petitioners : Mr.B.Narayanan
For Respondents : Mr.G.Puniakotti for R2, R3, R8 to R10 Mr.A.E.Ravichandran, Government Advocate for R4 to R7 R1 died (Steps Taken)
**********
O R D E R
This Civil Revision Petition is filed to strike off the plaint in
O.S.No.80 of 2017 pending on the file of the District Munsif-cum-Judicial Magistrate at Uthiramerur.
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it cannot be decided here. All the points can be considered only during the Trial and therefore, this Court is not inclined to allow this Civil Revision Petition.
to costs. However, the petitioners are at liberty to raise all the grounds before the Court below. Consequently, the connected miscellaneous petition is closed.
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Internet:Yes Index:Yes/No Speaking/Non speaking order rna
To
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4.The District Collector, Collectorate Compound, Kanchipuram.
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G.K.ILANTHIRAIYAN. J,
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2 issues framed by the court
Whether the High Court can decide factual and bundle of law and fact issues raised in a civil revision petition concerning bar of limitation.
Whether the Civil Revision Petition filed to strike off a plaint as clear abuse of process of law be allowed.
M. Najma
M. Firose Kadhun
K.O. Abdul Salam
K.O. Abdul Rafeek
K.O. Abdul Haium
K. Kurshith Begum
G.K. Intanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
