1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.278 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 1.Mydeen Fathima 2.Mahar Banu 3.Mohammed Rabi .. Petitioners/Plaintiffs Vs. 1.Mohammed Hussain 2.Rahamath Beevi 3.Ajmal Khan 4.Aneer Fathima 5.Syed Ahamed Kirmani 6.Mohammed Saleem 7.Abdul Jaffar 8.Virumandi 9.Muthaiah 10.Jansirani 11.Mari Jothimani 12.Selvam .. Respondents/Defendants Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 03.01.2011 passed in Interlocutory Application No.1303 of 2010 in Original Suit No.313 of 2001 by the District Munsif Court, Thirumangalam, Madurai District. For Petitioners : Mr.R.Aravindan ORDER The impugned order dated 03.01.2011 passed in Interlocutory Application No.1303 of 2010 in Original Suit No.313 of 2001 by the District Munsif Court, Thirumangalam is being challenged in the present Civil Revision Petition. 2. The revision petitioners herein as plaintiffs have instituted Original Suit No.313 of 2001 on the file of the Court below for the reliefs of partition and separate possession of their 1/6th share, wherein the present respondents have been shown as defendants. During pendency of the same, the revision petitioners/plaintiffs as petitioners have come forward with the present petition in Interlocutory Application No.1303 of 2010 so as to frame an additional issue. The Court below after considering the rival contentions raised on either side has dismissed the same. Against the dismissal order passed by the Court below, the present Civil Revision Petition has been preferred. 3. Considering the nature of the relief sought for in Interlocutory Application No.1303 of 2010 as well as the nature of the order passed therein, notice need not be sent to the respondents and the https://hcservices.ecourts.gov.in/hcservices/ 2 present Civil Revision Petition is disposed of on merits at the stage of admission. 4. The only grouse expressed on the side of the revision petitioner is that the suit properties have been purchased by the grandmother of the plaintiffs and the brothers of the father of the plaintiffs and subsequently a mortgage deed has been executed by the father of the plaintiffs along with his brother and in order to frame an additional issue to that effect, the present petition has been filed 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. As adverted to earlier, Original Suit No.313 of 2001 has been instituted for the reliefs of partition and separate possession. The present petition has been filed so as to frame an additional issue as mentioned therein. 6. It is an everlasting principle of law that framing of issues as well as recasting the same are purely within the limit of the Court. Under the said circumstances, the present petition is totally unwarranted so as to frame an additional issue as mentioned therein. The Court below after considering all the contentions raised on either side has rightly dismissed the petition. 7. In view of the discussion made earlier, this Court has not found any force in the contention urged on the side of the revision petitioners and altogether the present Civil Revision Petition deserves to be dismissed. 8. 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.1303 of 2010 in Original Suit No.313 of 2001 by the District Munsif Court, Thirumangalam is confirmed. However, the District Munsif Court, Thirumangalam is directed to frame proper issues on the basis of the rival pleadings of the parties. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To The District Munsif Court, Thirumangalam, Madurai District. smn SR : 28.02.2011 : 2p/2c C.R.P(PD)(MD)No.278 of 2011 and M.P(MD)No.1 of 2011 15.02.2011 https://hcservices.ecourts.gov.in/hcservices/