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2025 DAILYLAW 138449 (MAD)

Jesuraj v. Jebamalai

CRP(MD)/1448/2025 · 2025-04-30

R Vijayakumar

Transfer Petitionbody2025

Judgment text

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025 CORAM THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.1448 of 2025 and C.M.P(MD)No.7372 of 2025 1.Jesuraj 2.Martin 3.Baskar ...Petitioners/Defendants Vs Jebamalai ...Respondent/Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records with respect to plaint in O.S.No.12 of 2024, on the file of the District Munsif Court, Kantharvakottai, and strike off the same. For Petitioners : Mr.S.Krishnan * * * * * ORDER The present revision petition has been filed by the defendants in O.S.No. 12 of 2024, on the file of the District Munsif Court, Kantharvakottai, seeking to strike off the plaint. 1/4 https://www.mhc.tn.gov.in/judis 2.A perusal of the plaint averments reveal that the suit has been filed for the relief of declaration of title, permanent injunction and mandatory injunction based upon the order of assignment issued by the Government. 3According to the learned Counsel appearing for the defendants, the plaintiff is a Government servant and he has not entitled to get an order of assignment and therefore, the present revision petition has been filed seeking to strike off the plaint. 4.I have considered the submissions made on either side and perused the materials available on record. 5.As on today, the order of assignment in favour of the plaintiff has not been cancelled by the authorities concerned. Based upon the said assignment order, the plaintiff has filed the suit. The grounds raised in the revision petition have to be urged by the defendants only in the suit. In such circumstances, this Court is not inclined to entertain the revision petition. The said grounds can be raised during trial. The trial Court is directed to dispose of the suit on or before 31.12.2025. 2/4 https://www.mhc.tn.gov.in/judis 6.With the above said observations, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 30.04.2025 Internet:Yes/No Index:Yes/No RJR 3/4 https://www.mhc.tn.gov.in/judis R.VIJAYAKUMAR , J. RJR To The learned District Munsif, Kantharvakottai. Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. C.R.P.(PD)(MD)No.1448 of 2025 30.04.2025 4/4 https://www.mhc.tn.gov.in/judis