Madras High Court
P.Vijayakrishnan vs ) M.Ochammal on 25 June, 2019
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.06.2019
CORAM :
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.R.P.(PD)(MD)No.552 of 2014
P.Vijayakrishnan ... Petitioner
vs.
1) M.Ochammal
2) The Tahsildar,
Taluk Office, Periyakulam Taluk,
Theni District.
3)The District Collector,
Theni District. ... Respondents
PRAYER: Petition filed under Article 227 of the Constitution of India, to
set aside the impugned order dated 27.01.2014 passed by the learned
District Munsif, Periakulam in unnumbered O.S.No. .. of 2014, and
direct the trial Court to number the plaint and order summons to the
respondents.
For Petitioner : Mr.K.Appadurai
For R1 : Mr.M.V.Venkateshan
For R2 and R3 : No Appearance
http://www.judis.nic.in
2
ORDER
This Civil Revision Petition is filed in respect of the return of the plaint in an unnumbered suit, which is pending on the file of the learned District Munsif, Periakulam, on the basis that an earlier suit, namely, O.S.No.237 of 2005 had been filed in respect of the same property and that the second appeal arising out of the said suit had been allowed.
3. I heard the learned counsel for the revision petitioner and the learned counsel for the respondents.
4. At the last hearing i.e., on 20.06.2019, the learned counsel for the respondents submitted that if the revision petitioner provides an undertaking that the suit property in the proposed suit of the revision petitioner is different from the suit property in O.S.No.237 of 2005, he has no objection to the order of the trial Court being set aside.
5. Accordingly, at the hearing today, the learned counsel for the revision petitioner filed a memo dated 25.06.2019. The said memo reads as follows:
http://www.judis.nic.in 3 “The petitioner filed a suit for declaration of title and injunction against the respondents herein on the basis of his title deed viz., registered sale deed dated 01.09.2004 vide Doc.No.1436/2004 with four boundaries described therein. The declaratory suit filed by petitioner has nothing to do with the second appeal SA(MD) No.402 of 2010 filed by 1st respondent wherein the 1st respondent's claim was based on her title deed viz., sale deed dated 05.03.1997 with contradictory description of four boundaries mentioned in her own title deeds.
As per the description of sale deed of petitioner his plot is Plot No.3 in the 2nd lot from East to West of the lay out whereas 1st respondent's were plots 2 & 3 in 4 th lot from East to West of the Lay out. Hence plots belonging to petitioner and respondent are situated separately in 2nd lot and 4th lot from East to West of lay out. Hence schedule of properties as per title deeds are totally different, there is no nexus with each other and there is no res judicata for the petitioner in filing the suit for declaration of his title based on his title deed which is a different plot in different lot in the lay out. A perusal of description of sale deed of petitioner and sale deed of 1st respondent would confirm the case of the petitioner. Till date sale deed of petitioner was never questioned or challenged or set aside by the 1st defendant in any court of law.
6. In view of the above mentioned memo and the submissions of the learned counsel for the respondents, this Civil Revision Petition is http://www.judis.nic.in 4 allowed by setting aside the impugned order dated 27.01.2014, passed by the learned District Munsif, Periakulam.
7.Consequently, the District Munsif Court, Periakulam is directed to number the suit if it is otherwise in order. No costs.
25.06.2019
Index : Yes / No
Internet : Yes / No
das
Note : The Registry is directed to return the original plaint in the unnumbered suit to the learned counsel for the revision petitioner.
To
1.The District Munsif, Periakulam.
2.The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.
3.The District Collector, Theni District.
4.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 5 SENTHILKUMAR RAMAMOORTHY, J.
das Order made in C.R.P.(PD)(MD)No.552 of 2014 25.06.2019 http://www.judis.nic.in