Revision petition against a Subordinate Judge's order returning an application (I.P.SR.No.4999 of 2019) on territorial jurisdiction grounds despite the properties being within that court's jurisdiction. The High Court directed the Trial Court to number the petition and dispose of it on merits.
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(MD)No.2393 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2024
CORAM
THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
C.R.P(MD)No.2393 of 2022
R.Jayakumar ... Petitioner
Vs.
1.S.Sivashanmugam
2.P.Murugesan ... Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the return order, dated 29.11.2019 passed by the Subordinate Judge, Vedasandur and direct them to number and take the petition in I.P.SR.No.4999 of 2019 on its file and to dispose it on merits in accordance with law and allow the present Civil Revision Petition.
For Petitioner : Mr.V.Balaji
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C.R.P(MD)No.2393 of 2022
ORDER
The present Civil Revision Petition is preferred seeking for a direction to direct the learned Subordinate Judge, Vedasandur to number the petition in I.P.SR.No.4999 of 2019 filed before it.
2. According to the revision petitioner, the said petition has repeatedly returned by the Trial Court without any valid reason. Since the properties mentioned in the above petition is within the jurisdiction of the said Court, the Trial Court ought to have entertained the above application but erroneously returned the same stating that the Court has no territorial jurisdiction to entertain the said application.
3. Heard the learned Counsel for the petitioner and perused the materials available on record.
4. The Trial Court is directed to number the said application and
dispose the same on its own merits and in accordance with law.
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C.R.P(MD)No.2393 of 2022
5. With the above direction, this Civil Revision Petition stands
disposed of. There shall be no order as to costs.
18.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes BTR
Note: Registry is directed to return the original plaint after getting acknowledgement.
To The Subordinate Judge, Vedasandur.
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C.R.P(MD)No.2393 of 2022
K.GOVINDARAJAN THILAKAVADI, J.
BTR
Order made in C.R.P(MD)No.2393 of 2022
18.12.2024
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1 issue framed by the court
Whether the Trial Court erred in returning the petition for want of territorial jurisdiction despite the properties being within its jurisdiction?
1 provisions across 1 enactments
R.Jayakumar
S.Sivashanmugam
P.Murugesan
K.Govindarajan Thilakavadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
