Madras High Court
Magudapathi vs Perumal on 25 July, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
C.R.P.No.2287 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.R.P.No.2287 of 2022
and
C.M.P.No.11714 of 2022
1.Magudapathi
2.N.Mohanraj
3.Latha ... Petitioners
Vs.
1.Perumal
2.TANGEDCO,
Represented by its Superintending Engineer,
Namakkal.
3.Executive Engineer,
TNEB, Velur,
Paramathy Velur Taluk.
4.Assistant Executive Engineer,
TNEB, Velur, Paramathy Velur Taluk.
5.Assistant Engineer (O&M),
TNEB, Paramathy.
6.Palaniammal @ Vijayalakshmi ...
Respondents
Prayer: This Civil Revision Petition had been filed under Article 227 of
1
https://www.mhc.tn.gov.in/judis
C.R.P.No.2287 of 2022
Constitution of India to strike off the Plaint in Suit in O.S.No.109 of 2022
on the file of the District Munsif of Paramathy.
For petitioner : Mr.M.Elango
ORDER
This Revision Petition had been filed by the Defendants 6 to 8 in O.S.No.109 of 2022 on the file of the learned District Munsif, Paramathy.
2. It is the case of the Petitioner that the first Respondent had filed a Suit in O.S.No.66 of 2018, before the learned District Munsif, Paramathy and sought interim injunction against the Electricity Board, in which the learned District Munsif, Paramathy had granted ad-interim injunction in favour of the Marayee, who is none other than mother - in - law of the present first Respondent/Perumal. That interim injunction order was passed restraining the TANGEDCO for getting service connection to the Respondents/Defendants in the Suit in O.S.No.111 of 2017.
3. Subsequently, the Defendants before the learned District Munsif, Paramathy had approached the learned Sub Judge, Paramathy by filing an 2 https://www.mhc.tn.gov.in/judis C.R.P.No.2287 of 2022 appeal in C.M.A.No.9 of 2018, wherein the interim injunction granted by the learned District Munsif, Paramathy was set aside. Aggrieved by the same, the Plaintiff/Marayee in that Suit had approached this Court by way of C.R.P.(PD).No.392 of 2022 and the same was dismissed by this Court by an order dated 22.02.2022.
4. While so, the son - in- law/ Perumal of the Plaintiff in O.S.No.111 of 2017 had instituted a certain Suit before the same Court for the same cause of action in O.S.No.109 of 2022. Aggrieved by the same, the Petitioners herein had approached this Court by filing this Petition in C.R.P.No.2287 of 2022 under Article 227 of the Constitution of India.
5. From the submissions of the learned Counsel for the Petitioners and on perusal of the copies of the orders passed by the learned District Munsif, Paramathy, the learned Sub Judge, Paramathy and the learned Single Judge of this Court, which is available in the typed set enclosed along with this this Petition, the arguments put forth by the learned Counsel for the Petitioner is found acceptable. Hence, this Civil Revision Petition is allowed. The learned District Munsif, Paramathy is directed to strike off the plaint in O.S.No.109 3 https://www.mhc.tn.gov.in/judis C.R.P.No.2287 of 2022 of 2022. Consequently, connected miscellaneous Petition is closed.
25.07.2022 Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order tri To
1.TANGEDCO, Represented by its Superintending Engineer, Namakkal.
2.The Executive Engineer, TNEB, Velur, Paramathy Velur Taluk.
3.The Assistant Executive Engineer, TNEB, Velur, Paramathy Velur Taluk.
4.The Assistant Engineer (O&M), TNEB, Paramathy.
SATHI KUMAR SUKUMARA KURUP, J.
tri 4 https://www.mhc.tn.gov.in/judis C.R.P.No.2287 of 2022 C.R.P.No.2287 of 2022 and C.M.P.No.11714 of 2022 25.07.2022 5 https://www.mhc.tn.gov.in/judis