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Madras High CourtCRP(MD)/973/2022dismissed

M.Lakshmi v. Natarajan

2022-04-27Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(PD)(MD).No. 973 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(PD)(MD).No. 973 of 2022 and CMP(MD)No.3871 of 2022 M.Lakshmi

...Petitioner/Petitioner/Plaintiff

Vs 1.Natarajan 2.Paapaal 3.Thiruchelvam 4.Balasubramani 5.Kanagavali 6.The District Collector Sivagangai District.

7.The Tahsildar, Devakottai, Sivagangai District.

8.The Sub-Collector, Devakottai, Sivagangai District

...Respondents/Respondents/Defendants

PRAYER:

Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and Decreetal order dated 20-12-2021 passed in I.A.No.12 of 2021 in O.S.No.45 of 2013 on the file of learned District Munsif, Devakottai. For Petitioner :

Mr.J.Anandkumar For Respondents :

Mr.A.Kannan Additional Government Pleader (R6 to R8)

ORDER

To set aside the fair and decreetal order dated 20-12-2021 passed in I.A.No.12 of 2021 in O.S.No.45 of 2013, on the file of learned District Munsif, Devakottai, the revision petitioner has filed this Civil Revision Petition before this Court. 2.Heard the learned counsel appearing for both sides and perused the materials available on record.

3.Originally, the suit in O.S.No.45 of 2013 was filed for the relief of declaration and permanent injunction. At the time of https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(PD)(MD).No. 973 of 2022 filing the suit, the plaintiff has filed nearly 23 documents to prove his title and possession. Now the petitioner/plaintiff has filed a petition in I.A.No.12 of 2021 to call for Settlement Field Register (SFI) regarding Survey No.75 of 2019. 4.The defendant has filed a written statement and he has not disputed the identity of property. Therefore, the plaintiff has to prove his case on his own pleadings. There is no pleading in the petition stating the necessity to call for the said document from the Revenue Department. Without any proper reason, the revision petitioner has filed this petition to call for the records from the Revenue Department. If the document is necessary, he can very well get the certified copy and file it in the suit, even at the the time of filing itself.

5.In view of the above, the trial Court has rightly dismissed the petition filed by the petitioner/defendant and this Court finds no adverse opinion as against the order passed by the Court below. 6.Accordingly, this Civil Revision Petition stands dismissed and the fair and decreetal order dated 20-12-2021 passed in I.A.No.12 of 2021 in O.S.No.45 of 2013, by the learned District Munsif, Devakottai is confirmed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To The District Munsif, Devakottai.

+1 CC to M/s.J. ANANDKUMAR, Advocate ( SR-21631[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-22536[F] dated 29/04/2022 ) C.R.P(PD)(MD).No. 973 of 2022 and CMP(MD)No.3871 of 2022 27.04.2022 TP(CO) KB(16.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2