Madras High CourtCRP(MD)/440/2022dismissed

V.Kannan v. Parameshwari

2022-03-09Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRP(MD).No. 440 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No. 440 of 2022 and CMP(MD).No. 1975 of 2022 V. Kannan .. petitioner/Petitioner/Plaintiff Vs.

1.Parameswari 2.Irudhayaraj 3.Abraham .. Respondents/Respondents/Defendants Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 19.11.2021 made in I.A.No.3 of 2019 in O.S.No.293 of 2019 on the file of the Sub Court, Sankarankovil.

For Petitioner :Mr. F.X. Eugene

ORDER

The revision petitioner / plaintiff filed this revision to set aside the order dated 19.11.2021 made in I.A.No.3 of 2019 in O.S.No.293 of 2019 on the file of the Sub Court, Sankarankovil.

2. Heard the learned counsel appearing for the petitioner. No adverse order passed against the respondents and hence, notice to the respondents are not necessary.

3. The suit in O.S.No.293 of 2013 was filed by the petitioner for bare injunction. In the said suit, the petitioner / plaintiff has filed an application for appointment of Commissioner. The respondents / defendants have not disputed the identity of the property in their written statement. The petitioner / plaintiff alone has to prove his possession through documents. To prove the possession of the plaintiff, the Commissioner cannot be appointed and that the trial Court has rightly dismissed the I.A.No. 3 of 2019. Hence, this Court is not inclined to interfere with the order passed by the Court below.

4. Accordingly, the Civil Revision Petition is dismissed by confirming the order, dated 19.11.2021 made in I.A.No.3 of 2019 in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD).No. 440 of 2022 O.S.No.293 of 2019 on the file of the Sub Court, Sankarankovil. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) trp To The Sub Judge, Sankarankovil.

+1 CC to M/s.F.X.EUGUNE, Advocate ( SR-11430[F] dated 11/03/2022 ) CRP(MD).No. 440 of 2022 and CMP(MD).No. 1975 of 2022 09.03.2022 nsn(CO) GC(23.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2