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Madras High CourtCRP(MD)/2297/2016dismissed

Sumathi, W/O.Premkumar, v. Kalimuthan,

2018-09-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.2297 of 2016 and C.M.P.(MD)No.10931 and 10574 of 2016 Sumathi ... Petitioner Vs.

Kalimuthan ... Respondent PRAYER: Petition filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order dated 30.08.2016 made in I.A.No.482 of 2016 in O.S.No.87 of 2014 on the file of the District Munsif Court, Devakottai and set aside the same and allow the present civil revision petition. For petitioner : Mr.J.Anandkumar For respondent : Mr.A.Muralikumar

ORDER

********* The plaintiff in O.S.No.87 of 2014 on the file of the District Munsif Court, Devakottai, is the revision petitioner herein. The revision petitioner filed I.A.No.482 of 2016 for referring the document in question for forensic opinion. The said I.A., was dismissed on 30.08.2016. Questioning the same, this Civil Revision Petition has been filed.

2.Heard learned counsel on either side.

3.As rightly observed by the Court below, it is only a suit for bare injunction. Another suit proceedings is pending between the parties. Real contest would take place there only. That is why, the Court below observed that an application will have to be taken up only in O.S.No.69 of 2014 pending before the Sub Court, Devakottai. Therefore, rights of the revision petitioner herein are not at stake.

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4.Affirming the reasons stated by the Court below, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-IV) To:

The District Munsif, Devakottai.

+ 1 CC TO Mr.J.ANANDKUMAR, ADVOCATE IN SR No. 82942 + 1 CC TO Mr.A.MURALIKUMAR, ADVOCATE IN SR No. 83066 PNN TE/SKN/SAR-4 : 14/11/2018 : 2P/4C ORDER MADE in C.R.P.(PD)(MD).No.2297 of 2016 and C.M.P.(MD)No.10931 and 10574 of 2016 07.09.2018 https://hcservices.ecourts.gov.in/hcservices/