Disposed

Ponnar v. Nadukattaiyan Alias Periyasamy

Madras HC11 Dec 2023CRP(MD)/1919/2023

Case brief

AI extract

What is this about?

The Court disposed of the Civil Revision Petition filing under Article 226 of the Constitution challenging the dismissal of an application under Order 7 Rule 11 CPC. The Court directed the trial court to hear the revision petitioner's arguments before passing judgment.

What did the court decide?

The trial court is directed to give an opportunity to the revision petitioner to place arguments and hear replay arguments before passing judgment in the underlying suit.

Ponnar Vs Nadukattaiyan Alias Periyasamy — Property and Title | Madras HC (2023)

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C.R.P.(MD)No.1919 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.12.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.1919 of 2023 and C.M.P.(MD)No.9586 of 2023

Ponnar

... Petitioner

Vs.

Nadu Kattiyan @ Periyasamy

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Periyasamy

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Thambikilan (Died)

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Velayutham Chettiyar

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Pennatchi

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Dharmaraj

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Elayaraja

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Nallammal

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Kalamani ... Respondents

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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

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

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C.R.P.(MD)No.1919 of 2023

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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.

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For Petitioner : Mr.V.Meenakshi Sundaram for Mr.K.Arunraj For R1 : Mr.S.Ramesh

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ORDER

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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.

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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.

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The first respondent/plaintiff has filed the suit in O.S.No.96 of 20211 for partition and allotment of 1/3^rd share in 'A' scheduled property and half share in 'B' scheduled property and for permanent injunction

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2/6

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

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C.R.P.(MD)No.1919 of 2023

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restraining the respondents 2 to 9/defendants 1 to 8 and the revision petitioner/9^th defendant from encumbering and alienating the property.

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It is not in dispute that when the trial was in part-heard stage, the revision petitioner/9^th 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.

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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/9^th 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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C.R.P.(MD)No.1919 of 2023

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The learned counsel appearing for the revision petitioner would

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further submit that the revision petitioner/9^th 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/ 9^th defendant may be permitted to argue all the aspects/points now canvassed in the civil revision petition.

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The learned counsel appearing for the first respondent would

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submit that they are not having any objection for issuing such a direction to the trial Court.

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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.

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With the above direction, this Civil Revision Petition is disposed

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of. The revision petitioner is at liberty to canvass the aspects/points in the

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C.R.P.(MD)No.1919 of 2023

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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.

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11.12.2023

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NCC :yes/No Index :yes/No Internet:yes/No csm

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Note : Issue order copy today (11.12.2023)

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The Additional District Munsif Court, Musiri.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.1919 of 2023

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K.MURALI SHANKAR,J.

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csm

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Order made in C.R.P.(MD)No.1919 of 2023 and C.M.P.(MD)No.9586 of 2023

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Dated : 11.12.2023

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Ponnar v. Nadukattaiyan Alias Periyasamy

Case brief

What is this about?

What did the court decide?

Ponnar v. Nadukattaiyan Alias Periyasamy

Case brief

What is this about?

What did the court decide?

What the court decided

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