Madras High Court
Meenakshi Sundaram vs Umar John ... 1St on 22 February, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
2023/MHC/862
CRP(MD).No.447 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
CRP(MD).No.447 of 2023
Meenakshi Sundaram .. Petitioner/5th Respondent/5th Plaintiff
Vs.
1.Umar John ... 1st Respondent/Petitioner/Defendant
2.S. Murugan
3.S.Ganesan (died)
4.Girija
5.Karuppasamy
6.Selvaraj ... Respondents 2 to 6/Respondents 1 to 4
6 /Plaintiffs 1 to 4 & 6
PRAYER : Revision Petition filed under Section 115 of the Code of
Civil Procedure, to call for the records relating to the fair and decretal
order made in I.A.No.8 of 2022 in O.S.No.344 of 2016 on the file of the
Additional District Munsif, Tirunelveli, dated 09.11.2022 and
consequential judgment and decree made in O.S.No.344 of 2016 dated
09.11.2022 to set aside the same.
For Petitioner : Mr.V.Sasikumar
ORDER
The fifth plaintiff in a suit for permanent injunction is the revision petitioner herein.
https://www.mhc.tn.gov.in/judis 1/4 CRP(MD).No.447 of 2023
2. The defendant in the said suit has filed I.A.No.8 of 2022 to transfer the said suit to Waqf Tribunal, Chennai, on the ground that the property in dispute is the Waqf property. The learned trial Judge after relying upon certain judgments in the previous suit has arrived at finding that the property in dispute is the Waqf property and he has returned the plaint so as to re-present the same before the Walk Tribunal, Chennai. This order is under challenge in the revision petition.
3. The order passed by the learned trial judge in I.A.No.8 of 2022 is an order under Order 7 Rule 10 of the Code of Civil Procedure returning the plaint to be re-presented before the proper forum. Under order 43 Rule 1 (a) it is an appealable order. Therefore, the present revision petition is not maintainable. Accordingly, the Civil Revision Petition is disposed of with liberty to the revision petitioner to file an appeal before the appropriate forum. The time spent by the petitioner between 06.02.2023 and 22.02.2023 shall stand excluded. Registry is directed to return the original impugned order to the revision petitioner.
22.02.2023
Index : Yes / No
Internet : Yes / No
Rmk
https://www.mhc.tn.gov.in/judis 2/4 CRP(MD).No.447 of 2023 To The Additional District Munsif, Tirunelveli. https://www.mhc.tn.gov.in/judis 3/4 CRP(MD).No.447 of 2023 R.VIJAYAKUMAR ,J., Rmk Order made in CRP(MD).No.447 of 2023 Dated:
22.02.2023 https://www.mhc.tn.gov.in/judis 4/4