Madras High CourtCRP(MD)/1496/2016closed

Vasu, v. A.K.Iyappan,

2016-08-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 03.08.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(MD)No.1496 of 2016 and C.M.P(MD)No.7287 of 2016 Vasu .. Petitioner/Petitioner/87th Defendant vs.

A.K.Iyappan .. Respondent/Respondent/Plaintiff Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order, dated 04.04.2016 made in I.A.No.221 of 2016 in O.S.No.356 of 2004 on the file of IV-Additional District Court, Madurai. For Petitioner : Mr.A.Arumugam

ORDER

This revision is filed against the order passed by the IV-Additional District Court, Madurai, in I.A.No.221 of 2016 in O.S.No.356 of 2004.

2.Heard Mr.A.Arumugam, learned counsel appearing for the petitioner and perused the materials placed before this Court. 3.The petitioner is the 87th defendant in the suit in O.S.No.356 of 2004, which was filed by the respondent for declaration that the sale deeds executed on various dates are null and void and for permanent injunction. An application in I.A.No.221 of 2016 was filed by the petitioner to summon witnesses and to produce documents mentioned in the petition. 4.It has been averred in the petition that the documents are very vital to establish the case of the defendants 86 to 89. The concerned authorities, who are keeping custody of the original documents, are refusing to grant certified copies of the same, despite applications are filed three months ago. 5.The learned Judge dismissed the application observing that the suit was filed in the year 1992 and the petitioner after examining himself as witness on 21.08.2015 and 29.01.2016, chose https://hcservices.ecourts.gov.in/hcservices/

to file this application and he has not produced any material in support of his case. Hence, I do not find any illegality or perversity warranting interference of this Court. 6.In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To The IV-Additional District Court, Madurai.

+1 cc to M/s.Ajmal Associates, Advocate in SR.No.41778 ps SMA/NP/11.08.2016: 2P/3C C.R.P(MD)No.1496 of 2016 and C.M.P(MD)No.7287 of 2016 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/