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Madras High CourtCRP(MD)/2213/2017partly allowed

S.Venkitaramani v. S. Renganatchiyar

2022-03-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD)No.2213 of 2017 and C.M.P.(MD)No.10850 of 2017 S.Venkitaramani ... Petitioner/Petitioner/Defendant Vs.

S.Renganatchiyar

...Respondent/Respondent/Plaintiff

PRAYER: Civil Revision Petition under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 07.10.2017 made in I.A.No.96 of 2017 in O.S.No.144 of 2010 on the file of the Subordinate Court, Sivakasi and allow the Civil Revision Petition. For Petitioner :Mr.S.Kadarkarai for Mr.P.Tharmaraj Santhosam For Respondent :Mr.D.Srinivasaragavan

ORDER

This Civil Revision Petition has been filed by the petitioner to set aside the order, dated 07.10.2017 in I.A.No.96 of 2017 in O.S.No.144 of 2010 on the file of the Subordinate Court, Sivakasi. 2.The parties are referred to as per the rank mentioned before the Court below.

3.The defendant has filed a petition in I.A.No.96 of 2017 in O.S. No.144 of 2010 to compare the signature in pro-note, Jabitha dated 24.06.2007 and mortgage deed, dated 27.062007. The said petition was allowed by the learned Subordinate Judge, Sivakasi, with direction to compare the signature in the pro-note with the documents including partition deed, dated 04.12.1997. The partition deed was executed before ten years prior to the pro-note. So, it cannot be compared.

4.Accordingly, the Order, dated 07.10.2017 in I.A.No.96 of 2017 in O.S.No.144 of 2010, passed by the learned Subordinate Judge, Sivakasi, is modified and the Advocate Commissioner is directed to produce the pro-note, Jabitha, dated 24.06.2007 and mortgage deed, dated 27.06.2007 before the Forensic Science Laboratory, Madurai, for obtaining expert opinion.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

5.With the above directions, this Civil Revision Petition is partly allowed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) ksa To The Subordinate Judge, Sivakasi.

+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-15181[F] dated 29/03/2022 ) +1 CC to M/s.P.THARMARAJ SANTHOSAM, Advocate ( SR-15287[F] dated 30/03/2022 ) C.R.P.(MD)No.2213 of 2017 29.03.2022 SRK(CO) KB(26.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2