Dismissed¶39

Jesuraja v. The Chairman

Madras HC16 Jun 2025CRP(MD)/1677/2025

Case brief

AI extract

What is this about?

CRP(MD) No.1677 of 2025; CMP(MD) No.8933 of 2025; Madurai Bench of Madras High Court; M.Dhandapani, J.; decision dated 16/06/2025; Article 227 Constitution of India; Section 151 Code of Civil Procedure; stay of proceedings; additional issues framed by trial Court; I.A.No.13 of 2025; I.A.No.12 of 2023; CRP(MD) No.1115 of 2025 pending; O.S.No.62 of 2014; Additional District Munsif, Valliyoor; suit for declaration, mandatory injunction and recovery of possession; petitioner/plaintiff Jesuraja; respondents include Tamilnadu Electricity Board officials and M/s. Prb Energy Ltd.; revision petition dismissed with liberty to plead points in pending suit; no costs.

What did the court decide?

Liberty to the petitioner to canvass all the points before the pending suit; no costs; connected Miscellaneous Petition (CMP(MD) No.8933 of 2025) closed.

Jesuraja Vs The Chairman — Writ and Judicial Review | Madras HC (2025)

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CRP(MD). No.1677 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 16/06/2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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CRP (MD). No.1677 of 2025 and CMP(MD) No.8933 of 2025

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Jesuraja ... Petitioner/Plaintiff

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The Chairman, Tamilnadu Electricity Board, Having its Office at Anna Salai, Chennai..

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The Superintending Engineer, Tamilnadu Electricity Board, Office at Maharaja Nagar, Tirunelveli.

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The Executive Engineer,

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Non Conventional Energy Resources, Office at Maharaja Nagar, Tirunelveli.

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Thangaraja

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Devakani

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Immanuvel

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Selvaraj

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1/5

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

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CRP(MD). No.1677 of 2025

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Paciaselvi

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Anitha

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Mery Bai

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M/s. Prb Energy Ltd.,, Through its Director, D.No.182/2, Poonthamalli, By Pass Road, Chennai. ... Respondents

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PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the order passed in I.A.No.13 of 2025 in O.S.No.62 of 2014 dated 29.04.2025 on the file of the Additional District Munsif Court, Valliyoor,

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For Petitioner : Mr.M.Subbiah

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ORDER

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The Civil Revision Petition is filed against the order dated 29.04.2025 in I.A.No.13 of 2025 in O.S.No.62 of 2014 on the file of the Additional District Munsif, Valliyoor.

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Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

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2/5

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

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CRP(MD). No.1677 of 2025

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The learned counsel for the petitioner would submit that the petitioner is the plaintiff, who instituted the suit for declaration, mandatory injunction and recovery of possession and after completion of his evidence, the matter was posted for defendants' evidence. At the time, the defendants filed memo for framing additional issues and the same was objected to by the petitioner by filing IA No.12/2023 and the same was dismissed. Challenging the same, the petitioner filed CRP(MD) No.1115 of 2025 before this Court and the same is pending. Subsequently, the trial Court proceeded with the matter and framed the additional issues. Therefore, the petitioner filed IA No.13/2025 to stay the proceedings under Section 151 of the Code of Civil Procedure. The said interlocutory application came to be dismissed, challenging the same, the petitioner is before this Court.

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I have considered the submissions and perused the materials

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available on record.

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The fact that the petitioner has instituted the suit for declaration, mandatory injunction and recovery of possession and the defendants filed

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3/5

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

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CRP(MD). No.1677 of 2025

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memo for framing additional issues and the same was objected to by the petitioner by filing IA No.12/2023, which is the subject matter in CRP(MD) No.1115/2025 and the said IA was dismissed are all not in dispute. When the trial Court proceeded with the matter and framed the additional issues, the petitioner filed IA No.13/2025 to stay the proceedings under Section 151 of the Code of Civil Procedure. Since the trial Court has proceeded with the trial, the issue raised by the petitioner is not sustainable one and hence, the Civil Revision Petition is dismissed with liberty to the petitioner to canvass all the points before the pending suit. No costs. Consequently connected Miscellaneous Petition is closed.

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16.06.2025

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NCC : Yes/No Index : Yes/No

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1.The Additional District Munsif Court, Valliyoor,

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

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M.DHANDAPANI,J