C.R.P.No.149 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

C.R.P.No.149 of 2023

and C.M.P.No.1266 of 2023

1.Neelamegam

2.Tamizhselvam

. .

Petitioners

Vs

Rajammal (Died)

1.V.V.S.Kumararaja Deekshidhar

2.The Commissioner

Chidambaram Municipality

Chidambaram.

3. Junior Engineer,

Supply and Maintenance Town east

TNEDB, Chidambaram.

4. The Executive Engineer,

[Supply and Maintenance]

TNEB, Chidambaram.

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C.R.P.No.149 of 2023

Meenakshi (Died)

5. Rajadurai

6. Ganganadharan

Kalyani (Died)

7. Rathinasabapathy

8. Rajeshwari

9. V.V.Sivasangara Dheekshithar

10.Jaisankar

11.Rajasekaran

12.Nadarajan

. . Respondents

Prayer: This Civil Revision Petition is filed under Article 227 of the

Constitution of India, praying to set aside the fair and decreetal order dated

12.07.2022 passed by the Learned Principle District Munsif, Chidambaram

in I.A.No.108 of 2022 in O.S.No.227 of 2008.

For Petitioner

: Mr.G.Pugazhendhi

For respondent : M/s.P.T.Thiruneelakandan

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C.R.P.No.149 of 2023

ORDER

The Civil Revision Petition has been filed against the Fair and

Decreetal order dated 12.07.2022 passed in the I.A.No.108 of 2022 in

O.S.No.227 of 2008.

2. The Civil Revision Petitioners are the defendants 1 & 2 and the 1^st

respondent instituted a suit for permanent injunction. It is not in dispute

that the suit is posted for arguments. However, the plaintiffs filed an

Interlocutory Application in I.A.No.108 of 2022 to recast the issues framed

in the suit. The said Interlocutory Application was adjudicated by the trial

court and the said application was allowed in part by stating that the last

Will executed by T.N.Thangarathina Deekshithar dated 28.12.2000 is valid

in accordance with law and truthful. The earlier issue framed by the trial

court was that, whether the said Will dated 28.12.2000 is true. The issue

originally framed and subsequently recasted, shows that there is no much

difference and therefore it will not alter the character of the suit and

ultimately, the Court has to adjudicate and form an opinion, whether the

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C.R.P.No.149 of 2023

Will was validly executed in accordance with law or not. When such being

the overall issue to be considered in the suit, allowing the Interlocutory

Application partly would not cause any prejudice to either of the parties.

3. Thus, the parties are at liberty to adjudicate the issue on merits

and in accordance with law. The suit has already been posted for arguments

and thus the trial Court shall dispose of the suit without causing any further

delay.

4. Accordingly, this Civil Revision Petition stands dismissed. No

Costs. Consequently, connected miscellaneous petition is closed.

30.01.2023

Speaking Order/Non-Speaking Order.

Index: Yes/No.

Neutral Citation:Yes/No

nhs/kak

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C.R.P.No.149 of 2023

Copy to:

Learned Principal District Munsif Court,

Chidambaram.

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C.R.P.No.149 of 2023

S.M.SUBRAMANIAM, J.

nhs

C.R.P.No.149 of 2023

and C.M.P.No.1266 of 2023

30.01.2023

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