Madras High CourtCRP(MD)/582/2021allowed

M.Vijayaperumal, v. K.Marimuthu,

2022-03-02Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.582 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.03.2022

CORAM:

THE HONOURABLE MRS. JUSTICE S.ANANTHI C.R.P(MD).No.582 of 2021 and CMP(MD) No.3154 of 2021 1.M.Vijayaperumal

2. M.Annadurai

...Petitioners/Defendants

Vs.

K.Marimuthu

...Respondent/Plaintiff

PRAYER : This Civil Revision Petition is filed under Section 227 of the Constitution of India, to set aside the fair and decreetal order in I.A.No.297 of 2015 in O.S.No.127 of 2014 on the file of the Subordinate Judge, Aruppukkottai, dated 06.11.2020. For Petitioners : Mr.V.Sasikumar For Respondent : Party in person

O R D E R

This Civil Revision Petition has been filed to set aside the fair and decreetal order in I.A.No.297 of 2015 in O.S.No.127 of 2014 on the file of the Subordinate Judge, Aruppukkottai, dated 06.11.2020.

2.I.A.No.297 of 2015 was filed by the revision petitioners/defendants for comparison the signature of the petitioners/1 & 2 defendants obtained in the cheque leaves along with signature in the pro-note, under Order 26 Rule 10(A) and 151 of CPC, which was dismissed by the learned Subordinate Judge, Aruppukottai. Aggrieved by the said order, the revision petitioners have filed this Civil Revision Petition.

3.Now the revision petitioner/defendant is filed one sale agreement dated 20.11.2014 for comparison. But the respondent/plaintiff contended that he denied the sale agreement and also objected for registration. So all the three documents dated 20.11.2014 sale agreement, 24.12.2014 Cancellation of sale agreement and 24.12.2014 another agreement can be compared with the pro-note. Therefore, the revision petitioner is directed to produce all the three sale deeds before the trial Court for comparison. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.582 of 2021 4.With the above direction, the Civil Revision Petition is allowed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Subordinate Judge, Aruppukkottai.

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-9587[F] dated 02/03/2022 ) C.R.P(MD).No.582 of 2021 and CMP(MD) No.3154 of 2021 02.03.2022 sb(CO) TR(01.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2