Alamelu v. Perumal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Alamelu ... Petitioner / Petitioner / 2nd Defendant Vs.

Perumal ... Respondent / Respondent / Plaintiff Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.11 of 2024 in O.S.No.342 of 2022 on the file of the District Munsif Court, Karaikudi dated 14.06.2024.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.R.Sundar Srinivasan 1/4

ORDER

Heard both sides.

2.The petitioner is figuring as the second defendant in O.S.No.342 of 2022 on the file of District Munsif Court, Karaikudi. The suit is for declaration and recovery of possession. The petitioner filed I.A.No.11 of 2024 seeking leave to bring additional documents on record. The petition was filed under Order 8 Rule 14(3) of CPC. The Court below vide order dated 14.06.2024, dismissed the Interlocutory Application. Challenging the same, this Civil Revision Petition came to be filed. 3.After hearing the learned counsel on either side, I am more than satisfied that the Civil Revision Petition has to be allowed. What is sought to be brought on record are house tax receipts. One document is of the year 2015 while the other document is of the year 2024. The plaintiff himself seeks only relief of recovery of possession. Therefore, permitting the petitioner herein to mark these two documents is very much in order. In this view of the matter, the impugned order is set aside. 2/4

4.This Civil Revision Petition is allowed accordingly. There shall be no order as to costs.

25.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The District Munsif Court, Karaikudi .

G.R.SWAMINATHAN, J.

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MGA 25.09.2024 4/4