Madras High CourtCRP(MD)/686/2007dismissed

Thirunarayanan v. Arjunan

2019-11-01Honourable Ms. Justice P.T. Asha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA 1.Thirunarayanan (died) 2.Dhanalakshmi 3.T.Manimekalai 4.T.Seethalakshmi ... Petitioners (Petitioners 2 to 4 are brought on record as LRs of the deceased sole petitioner vide Court order dated 01.04.2019 made in C.M.P(MD) Nos.8605 and 8606 of 2017) Vs.

1.Arjunan 2.Perumal 3.Thirumal 4.Venkatesan 5.Guruvayurappan (died) 6.Selvarengan 7.Manimegalai 8.Rajeshwari 9.Packialakshmi 10.Saraswathiammal 11.G.Rajeswari 12.Minor Rajapandi 13.Minor Soniya (Respondents 12 and 13 are rep. by their next friend and natural guardian, 11th respondent vide Court order dated 30.07.2019 made in M.P(MD)No.2 of 2012) ... Respondents (Respondents 11 to 13 are brought on record as LRs of the deceased 5th respondent vide Court order dated 30.07.2019 made in M.P(MD) Nos. 1 and 2 of 2012 ) PRAYER:- Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the Fair and Decreetal order passed in I.A.No.730 of 2005 in O.S.No.336 of 2005 on the file of the District Munsif Court, Tirumangalam, dated 22.01.2007. 1/3

For Petitioners : Mr.G.Aravindan For R2 and R-4 : Mr.M.Divakaran For R-1, R-3 and R-6 to 13 : No appearance

ORDER

The above Civil Revision Petition has been filed challenging the dismissal of I.A.No.730 of 2005 filed for appointment of Advocate Commissioner to ascertain the mesne profits realised by the first defendant in the petition mentioned properties. 2.The said application had been defended by the respondents stating that there was no decree for mesne profits granted in the suit in O.S.No.336 of 2005 by the District Munsif Court, Tirumangalam. The learned District Munsif, Tirumangalam, by its order dated 22.01.2007 was pleased to dismiss the application on the very same ground that there was no decree for mesne profits granted in the preliminary decree dated 28.09.1979. Challenging the said order, the revision petition is before this Court. 3.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 2 and 4 and perused the papers.

4.A perusal of the order of the learned District Munsif, Tirumangalam, would clearly indicate that the learned Judge has not passed any decree whatsoever for mesne profits. Considering the above fact , I do not find any infirmity in the order passed by the Court below.

5.In view of the above, this Civil Revision Petition is dismissed. No costs.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) cp 2/3

To The District Munsif, Tirumangalam.

+1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-95496[F] dated 01/11/2019 ) 01.11.2019 KM/(28.11.2019) 3P 3C 3/3