Madras High CourtCRP(MD)/2324/2016dismissed

S.Dhanapaul, v. Virudhunagar Hindu Nadars

2018-09-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.2324 of 2016 (PD) and CMP(MD)No.10726 of 2016 S.Dhanapaul ... Petitioner Vs.

Virudhunagar Hindu Nadar's Abiviruthi Palasarakku Kadai Mahamai Rep.by its Secretary, D.K.S.P.A.Shanmuga Moorthi ... Respondent Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records from the learned District Munsif Court, Nilakkottai, Dindigul District in I.A No.529 of 2014 in O.S No.15 of 2014 dated 14.09.2016, hear the parties and allow this revision petition with costs.

For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.P.Thirumahilmaran

ORDER

The plaintiff in O.S No.15 of 2014 on the file of the District Munsif Court, Nilakkottai is the revision petitioner herein. The suit is one for declaration and permanent injunction. In fact, the plaintiff appears to be claiming that he is the title holder by adverse possession. In the said suit, the revision petitioner filed I.A No.529 2014 under Order 11 Rule 16 and Section 151 of CPC for directing the respondent herein to produce the petition mentioned documents. The said I.A was dismissed by the court below. Questioning the same, this civil revision petition has been filed.

2.Heard the learned counsel on either side. 3.The court below has correctly observed that the plaintiff having sought the relief of declaration and permanent injunction is obliged to prove his case. It is also observed that the plaintiff has not followed the procedure laid down under Order 11 Rule 16 of CPC. No case has been made out for interference. This https://hcservices.ecourts.gov.in/hcservices/

civil revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/ Deputy Registrar(Accounts) /True copy/ Sub Assistant Registrar(CS-III) To The District Munsif, Nilakkottai, Dindigul District.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.A.HAJA MOHIDEEN, Advocate, SR.No. 87715 +1cc to Mr.P.THIRUMAHILMARAN,Advocate, SR.No.86919 CRP(MD)No.2324 of 2016 (PD) and CMP(MD)No.10726 of 2016 26.09.2018 SKM KK/RSK/SAR-3/20.11.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/