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Madras High CourtCRP(MD)/3140/2025dismissed

Nallaperumal v. Pagavathi

2026-02-18Honourable Mr.Justice N.Senthilkumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD).No.17502 of 2025 1.Nallaperumal 2.Peyathevar 3.Raja 4.Chinnan 5.Karthikeyan ... Petitioners Vs.

1.Pagavathi 2.Chinnasamy 3.Occhu 4.Perumaee 5.Kottaisamy ... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of the Constituion of India, to set aside the fair and decretal order passed in I.A.No.14 of 2025 dated 08-07-2025 in O.S.No.28 of 2018 on the file of the Additional District Munsif Court, Thirumangalam and allow the above civil revision petition. For Petitioners : Mr.S.Prabhu For Respondents : Mr.J.Sitharth for R1 to R3 Legal aid counsel Mr.K.N.Vijay Senthil for R4 & T5 Legal aid counsel 1/6

ORDER

This civil revision petition has been filed to set aside the fair and decretal order passed in I.A.No.14 of 2025 dated 08-07-2025 in O.S.No.28 of 2018 on the file of the Additional District Munsif Court, Thirumangalam and allow the above civil revision petition.

2.Heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the records.

3.According to the revision petitioners, certain documents were sought to be produced, and in that process, the 'A' Register was summoned. It is the contention of the petitioners that the 'A' Register originally did not contain the description of the nature of the property. However, upon insistence by the Court, the Village Administrative Officer, who appeared before the Court, entered the description. The petitioners contend that such an entry would affect their right of cross-examination with regard to the nature and classification of the property.

4.Per contra, the learned Legal Aid Counsel appearing for respondents 1 to 3 submitted that the application was filed for production of documents, and 2/6

the Superintendent of the concerned section in the Collectorate, Madurai, was examined. Based on the 'A' Register produced, the Court insisted on furnishing the description of the property, which was accordingly recorded by the officer in Court. This order is now under challenge.

5.The revision petitioner contends that if the document is subjected to cross-examination, the original document would not contain such details, and therefore, he would be put to hardship.

6.On the other hand, the learned counsel for respondents 1 to 3 submitted that the name of the revision petitioner's father is already found in the 'A' Register as "Ayanu Thevar." The classification of the land is only for the purpose of identifying the nature of the land. The application was filed merely to establish in whose name the patta stands, along with the relevant description, and the scope of cross-examination would not go beyond the contents of the document already available.

7.The learned counsel for respondents 4 and 5 submitted that the present application has been filed only to delay the proceedings, especially when the suit, instituted in the year 2018, which is now ripe for trial, and therefore, the 3/6

application is vexatious.

8.The only point for consideration is, whether any prejudice would be caused when, upon production of the document, the Court requested the officer to furnish the description, which was accordingly entered by the officer, and the Superintendent also made an endorsement.

9.In such circumstances, this Court finds that no prejudice or hardship would be caused to the revision petitioner.

10.Accordingly, the Civil Revision Petition is dismissed as devoid of merits. No costs. Consequently, connected miscellaneous petition is closed. 11.The Court places on record its appreciation for the commendable efforts of the legal aid counsel for the respondents 1 to 3, namely, Mr.J.Sitharth and the legal aid counsel for the respondents 4 & 5 namely, Mr.K.N.Vijay Senthil, for conducting the case diligently and providing valuable assistance to this Court. The High Court Legal Services Committee attached to this Bench shall pay a total sum of Rs.10,000/- each towards remuneration to the legal aid counsel for conducting the cases, within a period of two weeks from the date of 4/6

receipt of a copy of this order, without fail. 12.Registry is directed to forward a copy of this order to the Legal Aid Committee for information.

Speaking : Yes / No 18.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Additional District Munsif, Thirumangalam. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

3.The Legal Aid Committee, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

TM 18.02.2026 6/6