LAWS(MAD)-2019-4-864

K. KANMANI Vs. R. SIVAKUMAR

Decided On April 12, 2019
K. Kanmani Appellant
V/S
R. SIVAKUMAR Respondents

JUDGEMENT

(1.) Heard Ms. Jessi Jeeva Priya, learned counsel appearing for the petitioner, Mr. D. Shanmugaraja Sethupathi, learned counsel appearing for the first respondent and Mr. B. Rajesh Saravanan, learned counsel appearing for the second respondent.

(2.) This Civil Revision Petition has been filed against the order passed in I.A. No. 643 of 2013 in O.S. No. 113 of 2013 dtd. 6/11/2014 on the file of the learned District Munsif, Virudhunagar.

(3.) The petitioner herein is the plaintiff, the first respondent herein is the first defendant and the second respondent herein is the second defendant in the suit. The petitioner herein has filed a suit in O.S. No. 113 of 2013 for a prayer of permanent injunction and to declare the cancellation of gift deed dtd. 10/5/2012 as null and void and for a mandatory injunction directing the first defendant to execute a registered deed by cancelling the cancellation of gift settlement deed dtd. 10/5/2012 and for a mandatory injunction directing the second defendant to hand over all the original deeds along with the parent deeds. During the pendency of the suit, the petitioner has filed a petition in I.A. No. 643 of 2013 under Order 7 Rule 11 (d) of C.P.C., to reject the plaint in O.S. No. 113 of 2013. The trial Court though dismissed the petition has given a direction to the petitioner to present the suit before the proper forum. Against the order, the petitioner has come forward with the revision petition.