1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION (PD)(MD) No.1340 of 2011 M.M.Rajendran .. Petitioner/Petitioner/3rd Defendant Vs. 1. A.Lakshmi 2. A.Ramuthai .. Respondents/Respondents/Plaintiffs Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 03.11.2010 passed in Interlocutory Application No.72 of 2009 in Original Suit No.73 of 2008 by the Sub Court, Aruppukottai. For Petitioner : Mr.V.Perumal ORDER The order dated 03.11.2010 passed in Interlocutory Application No.72 of 2009 in Original Suit No.73 of 2008 by the Sub Court, Aruppukottai is being challenged in the present Civil Revision Petition. 2. The respondents herein as plaintiffs have instituted Original Suit No.73 of 2008 on the file of the Court below for the reliefs of partition and separate possession of their 2/4th shares in the suit properties, wherein the present revision petitioner has been shown third defendant. During pendency of the same, the present revision petitioner/third defendant as petitioner has filed Interlocutory Application No.72 of 2009. The Court below after considering all the contentions putforth on either side has dismissed the same. Against the dismissal order passed by the Court below, the present Civil Revision Petition has been preferred at the instance of the petitioner/third defendant as revision petitioner. 3. Considering the nature of the stand taken in Interlocutory Application No.72 of 2009 as well as the order passed therein by the Court below, notice need not be sent to the respondents and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioner has contended that the defendants 1 and 2 have jointly executed a sale deed dated 21.10.2005 in favour of the revision petitioner/petitioner/third defendant and the present suit has been instituted in the year 2008 and that too after lapse of limitation https://hcservices.ecourts.gov.in/hcservices/ 2 and under the said circumstances the present petition has been filed so as to strike off the plaint filed in Original Suit No.73 of 2008 and the Court below has erroneously dismissed the same and therefore the order passed by the Court below is liable to be set aside. 5. Even from the representation made on the side of the revision petitioner, it is easily discernible that the revision petitioner has obtained a sale deed dated 21.10.2005 from the defendants 1 and 2 and the respondents as plaintiffs have instituted Original Suit No.73 of 2008 for the reliefs of partition and separate possession of their 2/4th shares in the suit properties. Considering the fact that the respondents/plaintiffs are not at all parties to the sale deed dated 21.10.2005, question of limitation does not arise. Under the said circumstances, the present petition is totally unwarranted. The Court below after considering all the contentions raised on either side has rightly dismissed the petition. In view of the discussion made earlier, this Court has not found any error in the order passed by the Court below and altogether the present Civil Revision Petition deserves to be dismissed. 6. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the order passed in Interlocutory Application No.72 of 2009 in Original Suit No.73 of 2008 by the Sub Court, Aruppukottai is confirmed. However the Sub Court, Aruppukottai is strictly directed to dispose of Original Suit No.73 of 2008 before the end of February, 2012 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The Sub Judge, Aruppukottai. 2. The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.V.Perumal, Advocate (SR.No.39973) C.R.P(PD)(MD)No.1340 of 2011 16.11.2011 smn NSV/21.11.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/