1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI CRP(PD)(MD)No.946 of 2011 and M.P.(MD)No.1 of 2011 S.Arunagiri ... Petitioner Vs. 1. Natesan 2. Subramanian 3. Ayyermuthuraja 4. Parvathi 5. Padma ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to strike off O.S.No.280 of 2011 pending on the file of the Principal District Munsif, Trichy. For Petitioner : Mr.S.Muthukrishnan ORDER The Second defendant is the petitioner herein. The petitioner has come forward with this application to strike off the plaint in O.S.No.280 of 2011 on the ground that pending A.S.No.266 of 2009 filed by the petitioner herein against the dismissal of O.S.No.215 of 2004 filed by him as plaintiff for the relief of partition against the respondents, the respondents 1 and 2 have come forward with O.S.No.280 of 2011 in respect of the same suit property. 2. However, the perusal of the records would reveal that the suit in O.S.No.215 of 2004 is filed by the petitioner herein for the relief of partition on the ground that the suit property belonging to the joint family consisting of the plaintiffs and defendants and the same is dismissed by negativing the claim so made, on the ground that the claim for partition during life time of the first defendant cannot be entertained. The first defendant in O.S.No.215 of 2004 as the first plaintiff along with the second plaintiff filed the second suit for the relief of permanent injunction for restraining the defendants therein from interfering with his possession and enjoyment of the suit property. Thus considering the claim made in both the suits and the nature of the defence raised therein and the nature of relief https://hcservices.ecourts.gov.in/hcservices/ 2 sought for in both the suits, this Court does not find any reason to entertain this Civil Revision Petition on file. 3. In the result, this Civil Revision Petition is dismissed with liberty given to the defendants to approach the lower Court for appropriate remedy if any in this regard. Consequently, the connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To The Principal District Munsif, Trichy. +1cc to Mr.S.Muthukrishnan, Advocate SR.No.16061 CRP(NPD)(MD)No.946 of 2011 and M.P.(MD)No.1 of 2011 29.04.2011 ssl PA/23.05.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/