DISTRICT COLLECTOR TIRUNELVELI DISTRICT 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.) According to the learned counsel for the revision petitioners/plaintiffs, the query of the learned District Munsif, Hosur has been answered on 29.07.2009 by revision petitioners/plaintiffs through their counsel, but once again the plaint has been returned on 30.07.2009 by the learned District Munsif, Hosur mentioning the following: