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Madras High CourtCRP/4340/2018dismissed

Nandagopal v. Kuppan

2021-06-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP No.23733 of 2018 Nandagopal ..Petitioner Vs.

1.Kuppan 2.Munusami ..Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 23.10.2018 made in I.A.No.1187 of 2017 in O.S.No.63 of 2013 on the file of the District Munsif, Polur, Tiruvannamalai District.

For Petitioner : Mr.B.Gopalakrishnan For Respondents : No appearance

ORDER

This Civil Revision Petition is filed against the fair and decreetal order dated 23.10.2018 made in I.A.No.1187 of 2017 in O.S.No.63 of 2013 on the file of the District Munsif, Polur, Tiruvannamalai District, thereby partly dismissed the petition to receive the documents. 1/4

2. The petitioner is the plaintiff and the respondents are the defendants. The petitioner filed a suit for partition in respect of the suit properties. Pending suit, the petitioner filed an application to receive the Partition Koorchit dated 29.08.2003 and the Mortgage Deed dated 17.05.1989. The Court below allowed the petition in respect of the Mortgage Deed dated 17.05.1989 and to receive the same, but in respect of the Partition Koorchit dated 29.08.2003, the same was refused by the Court below for the reason that the said document is unregistered and unstamped one.

3. The Court below rightly dismissed the I.A.No.1187 of 2017 in O.S.No.63 of 2013, insofar as the documents which is unregistered and unstamped one and cannot be relied upon for any purpose. Therefore, this Court finds no illegality or infirmity in the order passed by the Courts below. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous Petition is closed. 14.06.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lpp 2/4

To 1.The District Munsif, Polur, Tiruvannamalai.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

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G.K.ILANTHIRAIYAN,J.

lpp and CMP No.23733 of 2018 14.06.2021 4/4