Guru Ramachandran v. Soundarapandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(NPD)(MD)No.627 of 2025 and C.M.P(MD) No.3395 of 2025 Guru Ramachandran ... Petitioner/Petitioner/ Defendant Vs.

1. S.Soundarapandi Karuppannan @ Rajapandi (died) Karpagavalli (died)

2. Pandeeswari W/o.Chandran

3. Jothi

4. Pandeeswari W/o.Karuppannan @ Rajapandi

5. Minor Sandiya

6. Minor Santhosh

7. Minor Saravanan ... Respondents/ Respondents/Plaintiffs (Respondents 5 to 7 minors represented by their mother & guardian 4th Respondent) 1/5

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 24.10.2024 made in I.A.No.1 of 2024 in O.S.No.78 of 2024 on the file of the District Munsif Court - cum - Judicial Magistrate, Kariyapatti, Virudhunagar District. For Petitioner : Mr. V.R.G.Mohan

O R D E R

The defendant in O.S.No.78 of 2024 on the file of the District Munsif - cum - Judicial Magistrate Court, Kariyapatti, Virudhunagar District, has filed the present Civil Revision Petition challenging the order dated 24.10.2024 made in I.A.No.1 of 2024 in O.S.No.78 of 2024, wherein the trial Court has rejected the request of the revision petitioner to examine the Village Administrative Officer.

2. A perusal of the records reveal that the respondents herein has filed the above said suit for the relief of declaration that the document dated 20.06.1986 registered before the Kariyapatti Sub Registrar Office, in Document No.580 of 1986 is null and void. When the present suit is posted for examination of witnesses, the application has been filed seeking to 2/5

examine the Village Administrative Officer, Aaviyur and Arasakulam Village on the ground that certain documents have to be summoned from them.

3. The trial Court has proceeded to dismiss the said application on the ground that in case if any document has to be marked, the certified copies of those documents can be marked. Challenging the same, the present Civil Revision Petition has been filed.

4. According to the learned counsel appearing for the revision petitioner, when the petitioner attempted to mark the certified copies of the documents issued by the authorities, the Court has refused to accept the said documents. This has prompted the defendant to file this application.

5. In case if any order has been passed by the trial Court not accepting the certified copies of the documents issued by the Revenue Authority, the defendant is at liberty to challenge the said orders. However, the examination of the Village Administrative Officer of two villages in a suit filed for declaration of particular document as null and void is not necessary and therefore, there are no merits in the Civil Revision Petition. 3/5

6. Accordingly, this Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

04.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The District Munsif Court - cum - Judicial Magistrate, Kariyapatti, Virudhunagar District.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

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