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.2153 of 2011 and MISCELLANEOUS PETITION (MD) No.1 of 2011 1. Jesuraj 2. Dennis 3. Robert 4. David .. Petitioners/Appellants/Plaintiffs Vs. Arulrosari .. Respondent/Respondent/Defendant Civil Revision Petition has been filed under Article 227 of the Constitution of India against the Judgment and decree dated 03.08.2011 passed in Civil Miscellaneous Appeal No.27 of 2010 by the Principal Sub Court, Dindigul confirming the fair and decretal order dated 23.07.2010 passed in Interlocutory Application No.167 of 2010 in Original Suit No.53 of 2010 by the District Munsif Court, Nilakkottai. For Petitioners : Mr.Isaac Mohanlal ORDER The concurrent orders passed in Interlocutory Application No.167 of 2010 in Original Suit No.53 of 2010 by the District Munsif Court, Nilakkottai and in Civil Miscellaneous Appeal No.27 of 2010 by the Principal Sub Court, Dindigul are being challenged in the present Civil Revision Petition. 2. The revision petitioners herein as plaintiffs have instituted Original Suit No.53 of 2010 on the file of the trial Court for the relief of declaration and mandatory injunction, wherein the present respondent has been shown as first defendant. During pendency of the same, the revision petitioners as petitioners have filed Interlocutory Application No.167 of 2010 under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 praying to injunct the respondent by means of temporary injunction from interfering with the peaceful possession and enjoyment of the petitioners/plaintiffs. The trial Court has dismissed the same. Against the dismissal order, the petitioners/plaintiffs as appellants have preferred Civil Miscellaneous Appeal No.27 of 2010 on the file of the first appellate Court. 3. The first appellate Court after hearing both sides and upon reappraising the evidence available on record has dismissed Civil Miscellaneous Appeal No.27 of 2010 and thereby confirmed the dismissal order passed in Interlocutory Application No.167 of 2010. Against the concurrent orders passed by the Courts below, the present Civil Revision Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Considering the nature of the stand taken on the side of the revision petitioners/ plaintiffs in Original Suit No.53 of 2010 and also considering the nature of the orders passed by the Courts below in Interlocutory Application No.167 of 2010 and in Civil Miscellaneous Appeal No.27 of 2010, this Court is of the view that notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission. 5. The learned counsel appearing for the revision petitioners has contended that in the suit properties a dwelling house is situate and the revision petitioners have used to pay tax and the Courts below without considering the nature of possession of the revision petitioners/petitioners/plaintiffs have erroneously accepted the contentions putforth on the side of the respondent and therefore the concurrent orders passed by the Courts below are liable to be set aside. 6. It is seen from the records that in Original Suit No.53 of 2010 on the side of the contesting defendant a detailed written statement has been filed, wherein it is clearly averred that the contesting defendant is having title to the suit properties. 7. Considering the nature of the reliefs sought for in Original Suit No.53 of 2010 and also considering that the contesting defendant has made rival claim over the suit properties, this Court is of the view to direct the trial Court to conduct Original Suit No.53 of 2010. With the above observation, this Civil Revision Petition is liable to be dismissed. 8. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission. The District Munsif Court, Nilakkottai is strictly directed to dispose of Original Suit No.53 of 2010 before the end of December, 2011 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The Principal Subordinate Judge, Dindigul. 2. The District Munsif, Nilakkottai. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.Isaac Mohanlal, Advocate (SR.No.40539) C.R.P(PD)(MD)No.2153 of 2011 and M.P(MD)No.1 of 2011 smn 16.11.2011 NSV/22.11.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/