Mohan v. Ramar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP (MD) No.1736 of 2018 (NPD) Mohan ... Petitioner Vs.

1.Ramar 2.Mayandi 3.Kanmani ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records of the fair and decreetal order passed in I.A No.733 of 2017 in O.S No.108 of 2009 on the file of the Sub court, Theni dated 04.12.2017. For Petitioners : Mr.G.Radhakrishnan For Respondents : Mr.G.Govindharajan for R1 & R3 R 2 - Given up vide in E.b

ORDER

The plaintiff in O.S No.108 of 2009 on the file of the Sub Court, Theni is the revision petitioner herein. The suit is one for partition. In the said suit, the first respondent herein filed I.A No.733 of 2017 for impounding and marking a document dated 22.08.1970. The said document is not registered one. It is also not duly stamped. Therefore, the court below came to the conclusion that it has to be impounded and the first respondent should be called upon to pay deficit stamp duty and penalty. In any event, it cannot be used for primary purpose. It can be used only for collateral purpose.

2.No exception can be taken to the order passed by the court below. There is no merit in this civil revision petition. It stands dismissed. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-II) https://hcservices.ecourts.gov.in/hcservices/

To The Sub Judge, Theni.

Copy to The Section Officer,(2 copies) VR Section, Madurai Bench of Madras High Court, Madruai.

+1cc to Mr.G.Govindharajan, Advocate Sr.No.88686 SMK VB/SV/SAR2/19.11.2018/2P/5C CRP (MD) No.1736 of 2018 (NPD) 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/