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Madras High CourtCRP/1783/2019disposed of

Singaram v. Rakkiyagoundar

2019-06-07Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD)No.1783 of 2019 and C.M.P.NO.11677 of 2019 Singaram ... Petitioner Vs.

1.Rakkiyagoundar 2.P.Chinnusamygoundar 3.R.Subramani 4.P.Palanisamy ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the fair and decreetal order in I.A.No.1 of 2019 in O.S.No.330 of 2016 dated 25.04.2019 pending on the file of Additional District Munsif Court at Namakkal.

For Petitioner : Mr.C.B.Muralikrishnan *****

O R D E R

This petition is filed by the petitioner seeking to set aside the fair and decreetal order in I.A.No.1 of 2019 in O.S.No.330 of 2016 dated 25.04.2019 pending on the file of Additional District Munsif Court at Namakkal.

2. The petitioner is the plaintiff in the suit. He filed a suit for declaration of title and for consequential injunction. After completion of the trial, the respondents / defendant filed a petition to call for certain documents from the Revenue Department. The trial Court, after considering the documents viz.'A' Register, FMB and Adangal, allowed the petition as it does not prejudice the respondent. Against the order permitting the respondents / defendants to call for the document, the petitioner / plaintiff is before this Court.

3. From a perusal of the impugned order, it could be seen that the FMB, 'A' register and Adangal are revenue documents which are under possession of the Tahsildar and his subordinates. As contended by the learned counsel for the petitioner, they cannot let in evidence stepping into shoes of revenue officials. Therefore, considering the facts and circumstances of the case, the Trial court has rightly allowed the application.

4. It is the consistent stand of the petitioner / plaintiff that the respondents are attempting to protract the proceedings at every stage by filing petition to receive additional documents.

5. The suit is at the stage of arguments. On considering the submissions, this Court, is inclined to direct the trial Court to dispose of the suit within a specific period.

6. A direction is issued to the trial Court to complete the trial and dispose of the suit in O.S.No.330 of 2016 within a period of four months from the date of receipt of a copy of this order.

7. The Civil Revision petition is disposed of. No costs. Consequently, connected civil miscellaneous petitions is closed. 07.06.2019 bkn

M. GOVINDARAJ, J.

bkn C.R.P.(PD)No.1783 of 2019 and C.M.P.NO.11677 of 2019 07.06.2019