R.Ganesan v. R.Rengasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.356 of 2024 R.Ganesan ... Petitioner/Petitioner/Plaintiff Vs.

1.R.Rengasamy 2.Pappathy 3.Balasubramani ... Respondents 1 to 3/Respondents/ Defendants 1 to 3 PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the impugned fair and decreetal order dated 31.10.2023 passed in E.P.No.3 of 2016 in O.S.No.56 of 2010, on the file of the Principal District Munsif Court, Karur. For Petitioner : Mr.D.Nallathambi For Respondents : Mr.M.P.Senthil for R2 & R3 1/4

ORDER

This civil revision petition has been filed set aside the impugned fair and decreetal order dated 31.10.2023 passed in E.P.No.3 of 2016 in O.S.No.56 of 2010, on the file of the Principal District Munsif Court, Karur.

2.Aggrieved over the order of the dismissal passed by the trial Court, this petition has been filed. The learned counsel for the petitioner would submit that no finding was recorded by the Enquiry Court over the photographs filed by the petitioner. Now the photographs are produced before the Court. Now it is seen that obstruction was made by the respondent by putting up tin sheet. According to the petitioner, they are unablt to white washing the western wall.

3.The learned counsel for the respondents 2 and 3 would submit that the petitioner may give notice giving two days time about their visit and the work to be undertaken, So that it will be considered by the respondent and permit the petitioner, to do the work. 2/4

4.In the light of the above said understanding reached between the parties, this civil revision petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.03.2024 Index :

Yes / No Internet :

Yes / No TM To 1.The District Munsif, Karur.

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 01.03.2024 4/4