Kunthammal v. Thavaprakasam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.2722 of 2024 Kunthammal ... Petitioner/Petitioner/Plaintiff Vs.

1.Thavaprakasam 2.Dhanapathi ... Respondents/Respondents/Defendants PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order, dated 28.04.2023 passed in I.A.No.171 of 2022 in O.S.No.74 of 2015 on the fle of the learned District Munsif cum Judicial Magistrate Court, Orathanadu.

For Petitioner : Mr.M.P.Senthil

ORDER

This petition has been filed set aside the fair and decreetal order, dated 28.04.2023 passed in I.A.No.171 of 2022 in O.S.No.74 of 2015 on the fle of the learned District Munsif cum Judicial Magistrate Court, 1/4

Orathanadu.

2.This petition has been filed on the ground that concerned Village Administrative Officer, issued Certificate to the effect that the petitioner is in possession over the property. That was sought to be proved by way of summoning the concerned Officer. But, that was dismissed by the trial Court stating that possession can not be proved by way of examining the Village Administrative Officer.

3.This order does not suffer from any illegality or irregularity. The possession to be proved by the petitioner by other evidence not by way of summoning the Village Administrative Officer. 4.Accordingly, this civil revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 28.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 2/4

To 1.The District Munsif cum Judicial Magistrate, Orathanadu. 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 28.02.2024 4/4