Madras High CourtCRP(MD)/1665/2016allowed

Vetrivel v. M.Manoharan

2018-09-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.1665 of 2016 and CMP(MD)No.8131 of 2016 Vetrivel ... Petitioner/Petitioner/Plaintiff Vs.

1.M.Manoharan 2.M.Arulselvi 3.Vasuki Selvam ... Respondents/Respondents/Defendants 1 to 3 Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 31.03.2015 made in I.A No.77/2015 in O.S No.55 of 2012 on the file of the learned Subordinate Judge, Kulithalai. For Petitioner : Mr.C.G.Gomathisankar for M/s.Veera Associates For Respondents : Mr.K.Balasubramanian for R1 to R3

ORDER

The plaintiff in O.S No.55 of 2012 on the file of the Sub Court, Kuzhithalai is the revision petitioner herein. It is a suit for partition and allotment of the plaintiff's 1/4th share in the suit property. In the said suit, the revision petitioner wanted to mark a few documents. He, therefore, filed I.A No.77 of 2015. The court below permitted him to mark certain documents but declined to receive the first document in evidence. Questioning the same, this civil revision petition has been filed. 2.Heard the learned counsel on either side.

3.The first document is only an auto biography of one Subramania Pillai who is said to be the grand father of the revision petitioner. This Court had a look at the said document. This Court is certain that it could not have been prepared for the purpose of this case. But, as regards its relevancy, the issue is left open. The order impugned in this civil revision petition is https://hcservices.ecourts.gov.in/hcservices/

set aside and the civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Subordinate Judge, Kulithalai.

+1 CC To MR.VEERA ASSO, Advocate SR. NO. 83622 CRP(MD)No.1665 of 2016 and CMP(MD)No.8131 of 2016 05.09.2018 SKM TR/RP/SAR-I(11.10.2018)2P 3C https://hcservices.ecourts.gov.in/hcservices/