R. Ravi v. R. Perumal Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No. 2027 of 2023 AND CMP NO. 12691 OF 2023 R. Ravi S/o. V. Rajamanickkam, No.B-18, Palayam Main Road, O. Rajapalayam Village, Odugathur Post, Vellore Taluk and District.

... Petitioner Vs R. Perumal Raja S/o. Rama Raja, No. 16, Raja Street, O.

Rajapalayam Village, Odugathur Post, Vellore Taluk and District.

... Respondent PRAYER: Civil Revision Petition under Article 227 of the Constitution of India to set aside the Decree and Order passed in IA.No. 262 of 2023 in OS.No. 151 of 2012 order dt. 13.04.2023 on the file of the Honble Principal District Munsif Court, Vellore, Vellore Dist.

For Petitioner :

Mr.S.Nagarajan For Respondent :

Mr D.Thirumoorthy

ORDER

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The plaintiff, aggrieved by the dismissal of his application to examine the Tahsilar pending the suit for permanent injunction, has come up with the present civil revision petition.

2. Learned counsel for the petitioner would submit that the patta was issued by the Tahsildar, however only the Deputy Tahsildar has appeared before the Court to let in evidence and he is not the competent person to speak about the document and only his superior official viz., the Tahsildar. Learned counsel would therefore state that no prejudice would be caused if the Tahsildar is summoned in order to establish the petitioner's patta.

3. However, the learned counsel for the respondent would submit that the Court has rightly dismissed the application since not only that the Deputy Tahsildar has been examined as P.W.4 in chief as well as cross and court documents X1 and X2 have also been marked. He would also invite my attention to the counter affidavit filed in I.A.No.262 of 2023 where the respondent has fairly admitted the issuance of patta and has stated that there is no necessity to examine the Tahsildar.

4. In the light of the above and on going through the counter affidavit filed 2/4

by the respondent, I am satisfied that the respondent is not denying the factum of patta having been issued to the petitioner. In view of the same, there is no necessity for the petitioner to reopen the evidence for the purpose of examining the Tahsildar, Vellore to prove the issuance of patta. Recording the stand taken by the respondent that the patta issued by the Tahsildar has been admitted, no interference is warranted in the order passed by the trial Court dismissing the application.

The Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

5. Both the learned counsel seek expeditious disposal of the suit. Considering that the suit is only for bare injunction, the trial Court is directed to expedite the hearing and dispose of the suit within a period of two months from the date of receipt of a copy of this order.

25-07-2025 KST Index:Yes/No To Principal District Munsif Court, Vellore, Vellore District.

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P.B.BALAJI J.

KST 25-07-2025 4/4