Madras High CourtCRP(MD)/104/2016dismissed

The President, Devangar v. D.Moses,

2018-09-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.104 of 2016 (PD) and CMP(MD)No.472 of 2016

1. The President, Devangar Commercial Association, Having office at 62, Old No.13 A, Sowdamman Kovil Street, Aruppukkottai Post & Taluk, Virudhunagar District.

2. The Principal, Devangar Arts College, Thiruchuzhi Road, Aruppukkottai Town, Aruppukkottai Post & Taluk, Virudhunagar District.

3. The Secretary, Devangar Arts College, Thiruchuzhi Road, Aruppukkottai Town, Aruppukkottai Post & Taluk, Virudhungar District.

... Petitioners/Petitioners 1,2&4/Defendants 1,2&4 Vs.

1. D.Moses ... 1st Respondent/1st Respondent/ Plaintiff

2. The Vice Principal Devangar Arts College, Thiruchuzhi Road, Aruppukkottai Town, Aruppukkottai Post & Taluk, Virudhungar District. ... 2nd Respondent/3rd Petitioner/ 3rd Defendant Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to the impugned fair and decreetal order dated 01.12.2015 made in I.A No.1281 of 2015 in O.S No.299 of 2013 on the file of the District https://hcservices.ecourts.gov.in/hcservices/

Munsif Court, Aruppukkottai, set aside the same. For Petitioner : Mr.K.R.Shiva Shankari for Mr.S.Srinivasa Raghavan For Respondent-2 : Mr.R.R.Kannan For Respondent-1 : Mr.V.Maria Selvaraj

ORDER

The defendant in O.S No.299 of 2013 on the file of the District Munsif Court, Aruppukkottai are the revision petitioners herein. It is a suit for bare injunction. The defendants filed I.A No.1281 of 2015 for appointing an Advocate Commissioner. The said I.A was dismissed on 01.12.2015. Questioning the same, this civil revision petition has been filed.

2.When the matter was taken up for hearing, the learned counsel appearing for the respondents rightly pointed out that a similar application was taken out on an earlier occasion and the same ended in vain and the revision petitioners had also filed CRP(MD)No.1901 of 2015. But, the same was also dismissed by this Court on 15.09.2015. Therefore, the court below rightly dismissed the I.A. It is a suit for bare injunction. There is absolutely no need for appointing an Advocate Commissioner. There is no merit in this civil revision petition.

3.This Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar (CS-IV) To The District Munsif, Aruppukkottai.

+ 1 CC TO Mr.S.SRINIVASA RAGHAVAN, ADVOCATE IN SR No. 84281 + 2 CC TO Mr.V.MARISELVARAJ, ADVOCATE IN SR No. 83918 SKM TE/PM/SAR-3 : 19/11/2018 : 2P/5C CRP(MD)No.104 of 2016 (PD) and CMP(MD)No.472 of 2016 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/