C.R.P.No.1795 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:21.04.2023

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

C.R.P.No.1795 of 2021

and

C.M.P.No.13934 of 2021

K.Ravi

...Petitioner

Versus

1.Muthukutty

2.M.Tamilalagan

... Respondent

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution

of India, prayed to set aside the fair and decreetal order dated 25.02.2020 made

in I.A.No.743 of 2018 in O.S.No.62 of 2017 on the file of the learned District

Munsif, Ponneri.

For Petitioner

: Ms.K.Sindhuja

For Respondent 1 : Mr.N.Willford

for Mr.C.Venkatesan

O R D E R

This Civil Revision Petition has been filed to set aside the fair and

decretal order dated 25.02.2020 made in I.A.No.743 of 2018 in O.S.No.62 of

2017 on the file of the learned District Munsif, Ponneri.

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C.R.P.No.1795 of 2021

2. The 1^st Defendant in O.S.No.62 of 2017 is the Revision Petitioner

before this Court. The 1^st Defendant in O.S.No.62 of 2017 had filed I.A.No.743

of 2018 under Order VII Rule 11 (b) and (d) of CPC seeking to reject the plaint

in O.S.No.62 of 2017. The Plaintiff as 1^st Respondent had filed counter in

I.A.No.743 of 2018. After due enquiry, the learned District Munsif, Ponneri

had dismissed the I.A.No.743 of 2018 in O.S.No.62 of 2017 as per the order

dated 25.2.2020.

3. When this Civil Revision Petition is pending before this Court, the

Plaintiff had filed petition seeking to withdraw the suit in O.S.No.62 of 2017

on the file of the learned District Munsif, Ponneri with liberty to file a fresh suit

on the same cause of action. Also in the very same petition, the Plaintiff in

O.S.No.62 of 2017 had submitted that the 1^st Defendant had filed suit in

O.S.No.24 of 2020 seeking recovery of possession of the suit property.

Therefore, he seeks to withdraw the suit with liberty to file a fresh suit seeking

declaration of title.

4. As per the remarks offered by the learned District Munsif, Ponneri, the

petition filed by the Plaintiff in O.S.No.62 of 2017 seeking withdrawal of the

suit is still pending.

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C.R.P.No.1795 of 2021

5. In the light of the above, this Civil Revision Petition is withdrawn

based on the memo filed by the learned Counsel for the Revision Petitioner.

6. Accordingly, this Civil Revision Petition is dismissed as withdrawn.

Consequently, connected miscellaneous petition is closed.

21.04.2023

Index: Yes/ No

Speaking Order / Non-Speaking Order

nr

To

The District Munsif Court, Ponneri.

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C.R.P.No.1795 of 2021

SATHI KUMAR SUKUMARA KURUP, J.

nr

C.R.P.No.1795 of 2021

and C.M.P.No.13934 of 2021

21.04.2023

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