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Judgment
The above Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Trichy to reject the plaint filed by the first
respondent / plaintiff in O.S.No.1222 of 2015.
The petitioners herein are the defendants 1, 3 and 4 in the suit in O.S.No.1222 of 2015. According to the petitioners/defendants, there is no
cause of action for instituting the above suit and also there is no averment in the plaint to state as to how and from whom the plaintiff derived title
over the suit property. The first respondent/plaintiff claims right by placing the gift settlement deed dated 31.08.1882 which shows that the right of
Malwaram alone bequeathed to the first respondent which relates to property in Survey No.65, which is no way connected to the present suit
property. The petitioners alone have been in enjoyment of the suit property in Survey No.93/4, Tharanallur Village, Trichirapalli. The relief sought
by the first respondent is unknown to law, since without declaration of title, he has no locus standi to seek the relief of permanent injunction. The
learned District Munsif Court, Trichirapalli has no jurisdiction to entertain the suit, since the value of the suit is more than Rs.4 crores. Therefore,
the petitioners/defendants 1, 3 and 4 have filed this Civil Revision Petition seeking to reject the plaint, on the ground that the suit has been instituted
without any cause of action and with the sole aim to harass the petitioners herein/defendants 1, 3 and 4.
Heard the learned Counsel for the petitioners and perused the materials available on record.
All the averments raised by the petitioners in this Civil Revision Petition has to be decided only before the Court below and at this juncture, the
learned Counsel for the petitioners has submitted that though the petitioners have sought for a larger relief, now the petitioners confine their prayer
for speedy disposal of the suit.
As the petitioners have confined their prayer for early disposal of the suit, no notice is necessary to the respondents in the present revision.
Considering the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if a direction is issued to the trial
Court. Accordingly, having regard to the submissions made by the learned Counsel for the petitioners and also taking into consideration the limited
prayer sought for by the petitioners, this Court, without expressing any opinion with regard to the merits of the case, directs the learned District
Munsif, Trichirapalli, to dispose of the suit in O.S.No.1222 of 2015, on merits and in accordance with law within a period of one year from the
date of receipt of a copy of this order.
With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.