M.Ramalingam, v. Palaniammal,

O R D E R This Civil Revision Petition is filed against the order dated 26.03.2018 made in I.A.No.1519 of 2017 in O.S.No.362 of 2015 on the file of the Additional District Munsif Court, Dindigul, Dindigul District.

¶2The Revision Petitioner is the second defendant and the first respondent is the plaintiff in the suit in O.S.No.362 of 2015 on the file of the Additional District Munsif Court, Dindigul, Dindigul District, filed for partition and mesne profit.

¶3Heard Mr.G.Gomathi Sankar, learned counsel for the petitioner and Mr.N.Tamilmani, learned counsel appearing for the first respondent and perused the material available on record.

¶4The learned counsel for the petitioner submits that the first respondent is only a contesting respondent and all remaining respondents are formal parties. The petitioner filed application in I.A.No.1519 of 2017 in O.S.No.362 of 2015 seeking relief of rejection of plaint under Order VII Rule 11 and Section 151 of Code of Civil Procedure.

¶5The learned Additional District Munsif, Dindigul after hearing both sides and on consideration of the material available on record, dismissed the said application by order, dated 26.03.2018 holding that the plaintiff many cause of action in the suit and hence, to ascertain the correctness of cause of action, it is necessary to allow the parties to adduce evidence. While dismissing the application, the trial Court also relying the judgment of the Hon'ble Apex Court in Mayar (H.K) Ltd., and Others Vs. owners Parties, Vessel M.V.Fortune Express and Others reported in AIR 2006 SC 1828, wherein it was held that so long as the plaint discloses some cause of action which requires determination by the Court, mere fact that in the opinion of the Judge, the plaintiff may not succeed, cannot be a ground for rejection of the plaint.

¶6On careful consideration of the reasons given by the trial Court while allowing the Interlocutory Application, this Court is of the opinion that the order passed by the Court below is in accordance with law and there is no any illegality or infirmity in passing such order. As such this Court is not inclined to interfere into the reasoned order passed by the trial Court.

¶7The learned counsel for the petitioner submits that at present the suit is at the stage of framing of issues. Considering the said fact in our considered view, it is appropriate to direct the learned Additional District Munsif, Dindigul, Dindigul District, to dispose of the suit expeditiously, preferably, within a period of six months, as this suit is pertaining to the year 2015.

¶8Accordingly, this Civil Revision Petition is dismissed with a direction to the learned Additional District Munsif, Additional District Munsif Court, Dindigul, Dindigul District, to dispose of the Suit in O.S.No.362 of 2015 on its file, as expeditiously as possible, but not beyond the period of six months from the date of receipt of a copy of this order.

¶9No costs.

¶10Consequently, connected Civil Miscellaneous Petition is closed.

09.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM To The Additional District Munsif, Additional District Munsif Court, Dindigul, Dindigul District.

BATTU DEVANAND, J. RM C.R.P(MD) No.34 of 2019

09.11.2023

C.R.P(MD)No.34 of 2019 BEFOREoTHEoMADURAIoBENCHoOFoMADRASoHIGHoCOURT DATEDo:o09.11.2023 CORAM: THEoHONOURABLEoMR.JUSTICEoBATTUoDEVANAND C.R.P(MD)oNo.34oofo2019 and C.M.P(MD)oNo.156oofo2019 M.Ramalingamooooooooo ooooooooooooooooooooooooooooooooooooooooo...Petitioner o Vs. 1.Palaniammal 2.M.Natarajan 3.V.Balakrishnan 4.Pethalakshmi 5.Chellamuthu 6.K.Prema 7.D.Raviraja 8.B.Maheshwari 9.Selvi 10.Chellappan 11.R.Jayalalitha 12.Sarojini 13.Loganayagi 14.Sornammal 15.S.Lakshmi 16.K.Murugavenkatesan 17.V.Harikrishnan 18.S.Mariappan 19.P.Sumathi 20.M.Savadamuthu 21.Ramayammal 22.Meenakshi (died) * *(Memo presented before the Court on 08.06.2023 is recorded as R22 died vide Court order dated 08.06.2023) 23.Sarasu ...Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 26.03.2018 made in I.A.No.1519 of 2017 in O.S.No.362 of 2015 on the file of the Additional District Munsif Court, Dindigul, Dindigul District and allow this Civil Revision Petition. For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.N.Tamilmani – for R1 Unserved – for RR6 to 9, 12, 14 to 16 & 18 No appearance - for RR2 to 5, 10, 11, 13, 17, 19, 20 & 23 Died – for RR20 & 21