THIRUPALLIAPPA Vs. GEETHA

JUDGEMENT

(1.) THE revision petitioners/plaintiffs have filed this revision petition praying for issuance of an order to set aside the order dated 24.07.2009 made in un-numbered O.S.No. Of 2009 passed by the learned District Munsif, Hosur and also for a further direction to entertain the plaint in accordance with law.

(2.) THE learned counsel for the revision petitioners/plaintiffs urges before this Court that the revision petitioners/plaintiffs have filed a suit on the file of the learned District Munsif, Hosur praying for the relief of declaration of the revision petitioners/plaintiffs' title to the suit property, for the relief of permanent injunction and for mandatory injunction to remove any superstructure built by the defendants in the suit property and that the said suit has not been taken on file by the learned District Munsif, Hosur and in fact the plaint has been returned by means of an order on 24.07.2009 raising a query as to how the suit is maintainable, since the title of the suit property has already been declared in O.S.No,276 of 1987 and one month time has been granted for compliance.

(3.) ON a careful consideration of the contentions advanced on the side of the revision petitioners, this Court, on the basis of Equity, Fair Play, Good conscience and even as a matter of prudence, directs the learned District Munsif, Hosur to call the un-numbered plaint in C.F.R.No,3002 in open Court within a period one week from the date of receipt of copy of this order and to hear the learned counsel for the revision petitioners/plaintiffs in threadbare and then pass appropriate orders in regard to numbering or otherwise after providing due opportunity to the revision petitioners/plaintiffs in the manner known to law.