BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.06.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P(PD)(MD)No.1141 of 2011 & M.P(MD)NO.1 of 2011 Kuttiraja @ Sangiliveerappa :Petitioner/Petitioner/Defendant -Vs- Soundarraj :Respondent/Respondent/Plaintiff PRAYER:Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed by the Principal District Munsif Court, Sankarankovil, in I.A.No.679 of 2009 in O.S.No.58 of 2008 dated 10.11.2010. For Petitioner :Mr.G.Marimuthu ORDER The Defendant is before this Court challenging the order of dismissal of his application for rejection of plaint. The respondent/plaintiff filed a suit for permanent injunction restraining the petitioner as Karta of the family restraining him from alienating the properties detrimental to the interest of the respondent/plaintiff. Pending suit, the petitioner took out an application to reject the plaint on the ground that the suit is not maintainable against the Karta of the family. The said application was dismissed. Challenging the same, the petitioner is before this Court. 2.As rightly pointed out by the trial Court, the petitioner filed the written statement and raised his contention. In the suit, the plaintiff was already examined and it is posted for his cross-examination. At that stage, the application was filed. The ground on which the application was filed that the petitioner has got a right to alienate the property as Karta of the Hindu Joint family for legal necessity. The prayer in the suit is for permanent injunction restraining the petitioner herein from alienating the property detrimental to the interest of the respondent. The said issue can be decided only at the time of final disposal of the suit after adducing the evidence. 3.The petitioner rightly filed the written statement. The trial Court also took note of the fact that there is a direction from this Court by order dated 18.08.2010 to dispose of the suit. In view of that the trial Court observed that no prejudice would be caused to the petitioner as the issue could be decided in the trial itself and the said findings is valid and the same cannot be interfered with. The order of dismissal is sustained and the Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To:The Principal District Munsif,Sankarankovil. +1CC to Mr.G.Marimuthu, Advocate. SR.No.20648. Gsr C.R.P(PD)(MD)No.1141 of 2011 RP/08.07.2011/1P/3C. 28.06.2011 https://hcservices.ecourts.gov.in/hcservices/