Pon Eshwari v. Ponnusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI 1.Pon Eshwari 2.Sankarapandi 3.Palpandi ... Petitioners in both cases Vs.

1.Ponnusamy 2.Sellammal 3.Lakshmanan Madathi(Died) 4.Mariappan 5.Esther Rani 6.Amuthavalli 7.Mariammal 8.Muthulakshmi 9.Selvaboopathi 10.Marisamy 11.Akkinikumari 12.Anbu Ganesan 13.Murugeshwari 14.Seenivasugi ... Respondents 1/6

in both cases Common Prayer: Civil Revision Petitions are filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 20.02.2020 in I.A.Nos.2 & 3 of 2019 in O.S.No.58 of 2014 on the file of the Sub Court, Tuticorin.

In both cases:

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.P.T.Thiraviam Government Advocate for Tahsildar, Thoouthukudi.

: Mr.Muthumalai Raja for R4, R8 to R10 :No appearance for R1 to R3, R5 to R7 & R11 to R13 COMMON

ORDER

These revision petitions are filed against the fair and decreetal order dated 20.02.2020 in I.A.Nos.2 & 3 of 2019 in O.S.No.58 of 2014 on the file of the Sub Court, Tuticorin.

2.The learned counsel for the petitioner would submit that the petitioners are the plaintiffs in the suit in O.S.No.58 of 2014 and they filed the partition 2/6

suit as against the respondents/defendants in which they filed I.A.Nos.2 & 3 of 2019 for reopen as well as to summoning the Tahsildar for the purpose of production of the patta in respect of S.No.149/2. However, the same was rejected by the trial Court. Challenging the same, these revision petitions have been filed.

3. During the pendency of these revision petitions, this Court issued a direction to the Tahsildar, Thoothukudi to file a report before this Court with regard to the patta issued in respect of S.No.149/2, pursuant to which the learned Government Advocate produced a report dated 01.07.2025 which reveals that the land in S.No.149/2 to an extent of 8.65 cents, joint patta stand in the name of one Kumarandi and Subramanian and he also filed A Register along with the patta and in view of the above, no further orders is necessary in these revision petitions.

5. At this juncture, the learned counsel appearing for the respondents/defendants would vehemently contend that in order to drag on the proceedings, the petitioners filed vexatious IA before the trial Court which is not sustainable. However, he has no serious objection with regard to the documents produced by the revenue Department before this Court. 3/6

6. However, the Registry is directed to send the report of the Tahsildar dated 01.07.2025 along with the patta and A-Register to the lower Court. The lower Court is directed to mark this report as Court document and proceed the partition suit in the manner known to law.

7. With the above direction, these Civil Revision Petitions are disposed of. No Costs.

01.07.2025 Internet:Yes/No Index:Yes/No NCC: Yes/No PJL To

1. The Sub Judge, Tuticorin.

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

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M.DHANDAPANI , J.

PJL C.R.P.(PD)(MD)Nos.797 & 798 of 2021 01.07.2025 6/6