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Madras High CourtCRP/1211/2012dismissed

G.Manoharan v. A.C.Asaithambi

2018-10-31Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.10.2018

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P(P.D).No.1211 of 2012 and M.P.No.1 of 2012 1.G.Manoharan, S/o.P.Govindan, 132A, Buddar Street, Thiruvakaundanoor East, Salem - 5.

2.G.Kannan, S/o.P.Govindan, 132A, Buddar Street, Thiruvakaundanoor East, Salem - 5.

3.Radha, W/o.Sundarajan, G.K.Apartments 2nd Floor, Neduchalai Nagar, Salem - 5.

... Petitioners -vs1.A.C.Asaithambi, S/o.Anjalai @ Chinannan, 496/227A, Thiruvakaundanoor East, Near Bye-Pass Road, Salem - 5.

2.Sarasa, W/o.A.C.Asaithambi, 496/227A, Thiruvakaundanoor East, Near Bye-Pass Road, Salem - 5.

... Respondents

PRAYER:

Civil Revision Petition filed under Article 227 of the Constitution of India, against to set aside the fair and decreetal order dated 23.12.2011 passed in I.A.No.826 of 2011 in O.S.No.285 of 2011 on the file of the Principal District Munsif Court, Salem. For Petitioners : Mr.S.Kalyanaraman For Respondents : Mr.V.Sekar for R1 & R2 - - - - -

O R D E R

The Civil Revision Petition is filed challenging the order passed by the learned Principal District Munsif Court, Salem in I.A.No.826 of 2011 in O.S.No.285 of 2011, in by which, the learned Judge has dismissed the application filed by the revision petitioner for appointing an Advocate Commissioner to inspect and note down the physical features of the suit properties.

2.The brief facts necessary for the disposal of this Civil Revision Petition are as follows:

(a) The revision petitioner has filed O.S.No.285 of 2011, on the file of the learned Principal District Munsif Court, Salem for the following relief:

Declaring the gift settlement deed dated 09.09.1999 bearing Registration No.3244/1999, power of attorney deed dated 22.11.2007 bearing registration No.7346/2007 and sale deed dated 11.02.2008 bearing Registration No.979/2008 of

the defendants on the file of sub-registrar, Suramangalam as Null and Void.

Restrain the defendants and their men in any way interfering with the peaceful possession and enjoyment of the suit property by the plaintiffs by an order of permanent injunction.

(b) When the suit was opposed for withdrawal, the revision petitioner has come forward with the present application. In the affidavit filed in support of the said application, the revision petitioner would submit that after the filing of the suit, the respondents herein had started construction on the suit property and they are attempting to multiply the proceedings with an intention to cause prejudice to the revision petitioner. They have therefore sought for permission of the Advocate Commissioner to inspect and note down the pyhsical features.

3.The respondents herein had resisted this application by contending that the present application is made only with an intention to confuse the Court and also the fact that the petitioner has, in the connected suit in O.S.No.78 of 2011, filed by the first respondent for an injunction on the file of the learned Principal District Munsif Court, Salem according to the respondents, this suit was nothing but a counter-blast fact to the suit. The learned

Principal District Munsif Court, Salem by his order dated 23.12.2007 was pleased to dismiss the said application, by stating that the suit prayer in the suit is one for declaring the sale deed, power deed as Null and Void and also this suit is opposed for blame official challenging the order the revision petitioner is before this Court. 4.Heard, Mr.S.Kalyanaraman, learned Counsel for the revision petitioners and Mr.V.Sekar, learned Counsel for the respondents. 5.It is seen that the suit is one for declaring the sale deed, gift settlement deed and the power deed as Null and Void. Therefore, considering the nature of the suit the present relief sought for in I.A.No.826 of 2011 appears to be incongrous and not relying to the dispose of the main suit.

6.The Principal District Munsif Court, Salem has rightly dismissed the said application and no application can be taken to the order passed by him.

7.In the result, the Civil Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition No.1 of 2012 is closed, there is no order as to costs.

31.10.2018

P.T. ASHA.J tta/arb Index : Yes/No Speaking/non-speaking order tta/arb To The Principal District Munsif Court, Salem.

C.R.P(P.D).No.1211 of 2012 and M.P.No.1 of 2012 31.10.2018