Madras High CourtCRP(MD)/2541/2017dismissed

M.Krishnammal v. K.M.Thanga Lakshmi

2017-12-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.2541 of 2017 and C.M.P.(MD).No.11871 of 2017 1.M.Krishnammal 2.M.Rengaraj 3.M.Saravanan 4.R.Paramasivam R.Arumugam(Died) 5.Indira 6.Selvakumar 7.Keerthana (Minor) ... Petitioners (7th respondent through her guardian and mother 5th respondent herein) (cause title accepted as per the order of this Court dated 13.11.2017 made in C.M.P.(MD).No.7027 of 2017) Vs.

1.K.M.Thanga Lakshmi 2.M.Suresh ... Respondents Prayer:Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and decreetal order dated 16.06.2014 made in I.A.No.901 of 2009 in O.S.No.1042 of 2009, on the file of 3rd Additional District Munsif Court, Tiruchirappalli. For Petitioners : Mr.R.Murugan

ORDER

Heard the learned counsel appearing for the petitioners. 2.The plaintiffs in the suit are the revision petitioners herein. The suit is one for bare injunction. The learned trial judge had rightly given a finding that there is no dispute with regard to https://hcservices.ecourts.gov.in/hcservices/ the identity of the suit property. The four boundaries have been given and therefore the dispute is only regarding the possession.

It is for the plaintiffs to establish the same through acceptable documentary evidence. Appointing an Advocate Commissioner is not necessary in this case to advance the case of the plaintiffs. Therefore, the learned Trial judge rightly dismissed I.A.No.901 of 2009, filed by the plaintiffs herein. The reasons assigned by the learned Trial Judge are sound.

3.This Civil Revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The 3rd Additional District Munsif Court, Tiruchirappalli.

+1cc to M/S.R.MURUGAN, Advocate SR.No.94422. C.R.P.(MD)No.2541 of 2017 21.12.2017 tsg SDS/SV:MMS/SAR 3/10.01.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/