M.G.Syed Abu Thahir v. M.M.T.C. Limited

A.Nos.5718 and 5719 of 2016 in E.P.No.83 of 2002 M.M.SUNDRESH, J.

These applications have been filed, challenging the order dated 30.08.2016 passed by the learned Master, in which the application filed for marking certain documents was allowed subject to admissibility, proof and relevancy.

2.The only submission made by the learned counsel for the applicants is that he has not taken note of the case. Though it is submitted by the learned counsel for the applicants that he could not be present since his name was not shown in the cause list, this Court is not inclined to allow the applications as the applicants are not prejudiced by the order passed. In fact, on a query, learned counsel for the applicants submits that there is some objection to the documents filed. If that is the case, it is well open to the applicants to raise it at the time of hearing the suit.

3.The learned Master has merely stated that the documents are marked subject to relevancy, admissibility and proof. The execution petition itself is of the year 2001. The suit is of the year 1995. The

first M.M.SUNDRESH, J.

mmi respondent is the decree holder. Therefore, looking from any angle, this Court does not find any reason to allow these applications. Accordingly, these applications stand dismissed. However, while dismissing the applications, it is made clear that the objections raised by the applicants will be considered at the time of hearing the suit. 21.11.2016 mmi A.Nos.5718 and 5719 of 2016 in E.P.No.83 of 2002 http://www.judis.nic.in