Madras High CourtCRP(MD)/2048/2016dismissed

Abdul Jabbar v. Subramaniam

2018-09-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.2048 of 2016 and C.M.P.(MD).No.9625 of 2016 1.Abdul Jabbar 2.Jameela Begum ..Revision Petitioners/Petitioners/ Respondents/Plaintiffs vs.

1.Subramaniam 2.Gandhimathi .. Respondents/Respondents/ Petitioners/Defendants PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in I.A.No.1555 of 2015 in I.A.No.2339 of 2013 in O.S.No.409 of 2013 dated 06.01.2016 on the file of the Principal District Munsif Court, Tenkasi.

For Petitioners: Mr.M.Muthugeethayan For Respondents: Mr.S.P.Maharajan

ORDER

The revision petitioners are the plaintiffs in O.S.No.409 of 2013 on the file of the learned Principal District Munsif, Tenkasi. It is a suit for declaration and permanent injunction. At the instance of the defendants, an Advocate Commissioner was appointed, who has also submitted his report. The petitioners herein characterised the said report as totally faulty. But then, without asking for scrapping of the said report, they want mere re-issue of the commissioner's warrant. The Court below by order dated 06.01.2016 had taken the stand that unless the earlier report is scrapped, the prayer now sought for cannot be granted. This Court is in full agreement with the reasons assigned by the Court below. Therefore, the order impugned in the Civil Revision Petition does not call for any interference. Hence, https://hcservices.ecourts.gov.in/hcservices/

this Civil Revision Petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-III) To The Principal District Munsif, Tenkasi.

+ 1 CC TO MR.S.P.MAHARAJAN , ADVOCATE IN SR NO.82866 + 1 CC TO MR.D.SRINIVASARAGHAVAN, ADVOCATE IN SR NO.83013 PJL BU/SKN/SAR-III:12.10.2018 : 2P/4C C.R.P.(MD)No.2048 of 2016 06.09.2018 https://hcservices.ecourts.gov.in/hcservices/