Madras High CourtCRP/2961/2017disposed of

Rajasekaran v. Mohankumar

2017-08-29Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2017 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(PD) Nos.2961 and 2962 of 2017 and C.M.P.No.13999 of 2017 Rajasekaran ... Petitioner in both C.R.Ps.

Vs.

1. Mohankumar

2. Udhayakumar

3. Natarajan ... Respondents in both C.R.Ps.

PRAYER IN BOTH C.R.Ps.: Civil Revision Petitions filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 11.07.2017 passed in I.A.Nos.673 and 674 of 2017, respectively, in O.S.No.53 of 2011 on the file of the Sub Court, Namakkal. For Petitioner : Mr.S.Balasubramanian

C O M M O N O R D E R This Civil Revision Petition is directed against the dismissal of the interlocutory applications in I.A.No.673 of 2017 in O.S.No.53 of 2011 to re-open the case and I.A.No.674 of 2017 in O.S.No.53 of 2011 to issue subpoena to the Village Administrative Officer, Navamani Village to prove the title of the petitioner.

2. The trial Court has rightly dismissed on the ground that the Village Administrative Officer can only prove the possession of the property and he has no role to prove any title of the property and the petitioner/litigating party can alone adduce evidence and prove the title of the property. Hence, the trial Court has rightly dismissed the applications.

3. However, considering the facts and circumstances of the case, this Court issues a direction to the Sub Court, Namakkal, to dispose of the suit in O.S.No.53 of 2011 itself as expeditiously as possible.

4. With the above observations, this Civil Revision Petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed.

29.08.2017 asi To The Sub Judge, Sub Court, Namakkal.

M. GOVINDARAJ, J.

asi C.R.P.(PD) Nos.2961 & 2962 of 2017 and C.M.P.No.13999 of 2017 29.08.2017