Madras High CourtCRP(MD)/1904/2018allowed

Kannan @ Kannappan v. Muthulakshmi

2018-09-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.1904 of 2018 and C.M.P.(MD)No.8271 of 2018 Kannan @ Kannappan ... Petitioner/Petitioner/1st Defendant Vs.

1.Muthulakshmi ... 1st Respondent/1st Respondent/ Plaintiff 2.Kaleeswari @ Kaleswari 3.Jeya 4.Mangayarkarasi ... Respondents 2-4/Respondents 2-4/ Defendants 2-4 5.Kavitha 6.Kanagasundari 7.Manickam 8.Meganathan 9.Rajeswari 10.Moovendiran 11.Rajkumar ... Respondents 5-11/Respondents 5-11/ Defendants 5-11 12.Selvi ... Respondent 12/Respondent 12/Defendant 12 PRAYER: Petition filed under Article 227 of Constitution of India, to call for the records relating to the impugned fair and decreetal order dated 03.07.2018 and made in I.A.No.427 of 2018 in O.S.No.24 of 2014 on the file of District Munsif Court, Devakottai, set aside the same and allow this Civil Revision Petition.

For petitioners : Mr.S.Srinivasa Raghavan For Respondents : Mr.A.Baskaran

ORDER

The defendant in O.S.No.24 of 2014 on the file of the District Munsif Court, Devakottai, is the revision petitioner herein. It is a suit for partition. In the said suit, the revision petitioner herein filed I.A.No.427 of 2018 for reception of certain documents. The said I.A., has been dismissed by order dated 03.07.2018. Questioning the same, this Civil Revision Petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel on either side.

3.I am of the view that the document in question can be in evidence subject to objections of the contesting parties. The reception of document need not be shut out at the threshold itself. In this view, the order impugned in this Civil Revision Petition is set aside and allowed. The suit is of the year 2015. 4.The learned counsel appearing for the caveator submits that the matter is posted for examination of DW1. 5.Therefore, the Court below is directed to dispose of the O.S.No.24 of 2014 within a period of four months from the date of receipt of a copy of this order.

6.Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar(CS-I) To:

1.District Munsif Court, Devakottai.

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1. C.C. to M/S.S.Srinivasa Raghavan, Advocate SR.No. 82281 +1. C.C. to M/S.A.Baskaran, Advocate SR.No. 82371 ORDER MADE IN C.R.P.(PD)(MD).No.1904 of 2018 and C.M.P.(MD)No.8271 of 2018 04.09.2018 pnn NM SV SAR1 29 10 2018 2P 6C https://hcservices.ecourts.gov.in/hcservices/