Villagers Of Mathanaicken v. Angamuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(P.D.) No.2109 of 2016 and CMP.No.11052 of 2016 Villagers of Mathanaickenpatty Colony rep.by

1. Balakrishnan

2. Arthanari

3. Madhu

4. Manickam

5. Pachamuthu

6. Mani

...Petitioners

versus

1. Angamuthu

2. Murugan

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order of the District Munsif Court, at Mettur dated 2.4.2016 in I.A.No.335 of 2016 in O.S.No.76 of 2012.

For Petitioners : Mr.P.Valliappan For respondents : Mr.T.K.S.Bharathy Anandraj

O R D E R

The petitioners filed a suit before the trial court praying for a decree of declaration, permanent injunction and mandatory injunction. In the said suit, the petitioners wanted the respondents 1 and 2 to

produce certain documents. Respondents 1 and 2 pleaded that they are not in possession of the documents. Interlocutory Application was dismissed by the trial court. The said order is under challenge in this Civil Revision Petition.

2. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of respondents 1 and 2.

3. The petitioners wanted the respondents 1 and 2 to produce the patta issued in favour of their vendors. Respondents 1 and 2 made it clear that they are not in possession of the documents. Such being the factual position, the learned trial Judge was perfectly correct in dismissing the interlocutory application. I do not find any error or illegality in the order passed by the learned trial judge, warranting interference.

4. In the upshot, I dismiss the Civil Revision Petition. No costs. Consequently, connected Miscellaneous Petition is closed. 06.10.2016 Index:Yes/No ajr To

District Munsif Court, Mettur

K.K.SASIDHARAN, J.

ajr C.R.P.(P.D.) No.2109 of 2016 06.10.2016