Kotteeswari v. Vadivel (Died) Pushpa (Died) 1. Kabilan
CRP NO. 4602 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-02-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR CRP NO. 4602 of 2023 and C.M.P.No.27470 of 2023
1. Kotteeswari
2. Ganga
3. Shakeela
4. Kodhagi ..... Petitioners Vs Vadivel (Died) Pushpa (Died)
1. Kabilan
2. Kavitha 3.Kumaresan 4.Senthilkumar ......Respondent(s) Prayer: Civil Revision Petition filed under 227 Constitution of India, praying to set aside the order and decreetal order dated 04.09.2023 made in I.A.No.03 of 2022 in O.S.No.10 of 2018 on the file of the II Additional District Judge, Vellore @ Ranipet. For Petitioners:
Mr.T.P.Prabakaran For Respondents :
Mr. R.Vasudevan for R1 to R4
ORDER
The present Civil Revision Petition is filed challenging the order of dismissal for
appointment of Advocate Commissioner.
2. The allegation is that document in Ex.A2 is equivalent to Ex.B5. To prove the fact that the schedule mentioned property was sold to one Parasuraman alone or one Vadivel. The said Parasuraman found the sale deed under Ex.A2. The sale deed under Ex.B5 is a registered original document and the sale deed under Ex.A2 is certified copy of the said document. The dispute with regard to tampering and manipulation of document of sale under Ex.A5 deleting the name of one Vadivel. Hence, the authorities for registering the documents are the appropriate person to speak about the registration of the said document.
3. The trial Court while dismissing the IA.No.3 of 2022 dated 04.09.2023, wherein it is observed that the 2nd petitioner herein was examined as DW1 admitted the fact in the cross examination that the sale deed under Ex.A2 dated 11.03.1974 was executed in favour of Parasuraman and Vadivel by A.E.Damodara Naickar.
4. Recording the above statement, the trail Court dismissed the IA for appointment of Advocate Commissioner. This Court finds no valid reason to interfere with the findings recorded in the aforesaid IA.
5. In view of the above, the present Civil Revision Petition is disposed of with a direction to the Trial Court to dispose of the suit proceedings as expeditiously as possible preferably
within a period of one year from the date of receipt of a copy of this order, as the suit is of the year 2018. No costs. Consequently, connected miscellaneous petition is closed. 14-02-2025 msv To II Additional District Judge, Vellore @ Ranipet. N.SENTHILKUMAR,J.
Msv CRP NO. 4602 of 2023 and C.M.P.No.27470 of 2023
14.02.2025