CRP(MD). No.1260 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/07/2025 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1260 of 2022 and CMP(MD) Nos.5182 of 2022, 11483, 11485, 11488 of 2023 1.S.Thangamuthu Nadar 2.S.Thanga Raja 3.S.Marava Nadar 4.S.Suyambu Nadar ... Petitioners Vs 1.S.Suyambu 2.S.Gurusamy 3.G.Murugesan 4.G.Ganesan 5.G.Arichandran 6.G.Rajan 7.R.Arumaithangam 8.The Sub Registrar O/o.The Sub Registrar Radhapuram Taluk Tirunelveli District 9.The District Collector O/o.the District Collector Tirunelveli District ... Respondents 1/5 https://www.mhc.tn.gov.in/judis CRP(MD). No.1260 of 2022 PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India against the order dated 01.12.2021 in IA No.6/2020 in OS No.188 of 2014 on the file of the Additional District Munsif Court, Valliyur, Tirunelveli District. For Petitioners : Mr.V.Rajiv Rufus For Respondents : Mr.P.T.Thiraviam for R8&R9 Government Advocate Mr.M.Subbiah for R2 to R4 ORDER The Civil Revision Petition is filed against the order dated 01.12.2021 in IA No.6/2020 in OS No.188 of 2014 on the file of the Additional District Munsif Court, Valliyoor, Tirunelveli District. 2. The petitioners are the plaintiffs and they instituted the suit in OS No.188/2014. Initially they filed a suit for bare injunction and subsequently IA No.135/2018 has been filed for amending the prayer for declaration declaring the settlement deed dated 02.07.2013 executed by the 2nd defendant in favour of the defendants 3 to 7 is null and void and also supplement deed executed in favour of defendants 3 to 7 is null and void and the same was allowed by the trial Court on 18.06.2018. Thereafter, after the completion of the trial, the matter was posted for arguments on the side of the defendants and at that time, the petitioners 2/5 https://www.mhc.tn.gov.in/judis CRP(MD). No.1260 of 2022 filed an application to withdraw the suit under Order XXIII Rule III of the Code of Civil Procedure and file a fresh suit on the ground of declaratory relief sought by the petitioners. The same was rejected by the trial Court. Challenging the same, the petitioners are before this Court. 3. The learned counsel for the petitioners would submit that the trial Court proceeded the issue on the premise as if the petitioners have filed the suit for bare injunction, whereas, the subsequent declaratory relief was not considered by the trial Court, while deciding the said IA. Hence, he prays that a direction may be issued to the trial Court to dispose the suit in terms of the plaint including the order in IA for amending the prayer dated 18.06.2018 in terms of the declaratory relief granted by the Court below. 4. The learned counsel for the respondents has no serious objection. 5. In view of the said submission made, the trial Court is directed 3/5 https://www.mhc.tn.gov.in/judis CRP(MD). No.1260 of 2022 to hear the arguments of the plaintiffs and defendants in terms of the order in IA No.135/2018 for amending the plaint/declaratory relief and decide the suit and dispose the same within a period of six months from the date of receipt of a copy of this order. 6. With the above direction, the Civil Revision Petition is disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. 02.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Additional District Munsif Court, Valliyur, Tirunelveli District. 2.The Sub Registrar O/o.The Sub Registrar Radhapuram Taluk Tirunelveli District 3.The District Collector O/o.the District Collector Tirunelveli District 4.VR Section Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis CRP(MD). No.1260 of 2022 M.DHANDAPANI,J RR ORDER IN CRP(MD) (NPD) No.1260 of 2022 Date : 02/07/2025 5/5 https://www.mhc.tn.gov.in/judis