Madras High Court
P.Balakumar vs S.Ayyappan on 13 July, 2021
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) Nos.2709, 2710 & 2711 of 2018
and
CMP.No.15986 of 2018
CRP.No.2709 of 2018
1.P.Balakumar
2.P.Mohanasundaram ... Petitioners
Vs
1.S.Ayyappan
2.Tahsildar,
Ambattur Taluk ... Respondents
Prayer :-
Civil Revision Petition is filed under Article 227 of the
Constitution of India against the decree and fair order dated 09.08.2018
passed in IA.No.783 of 2018 in OS.No.167 of 2006 on the file of the
District Munsif, Ambattur.
For Petitioners : M/s.Elizabeth Ravi
for Mr.A.H.Srikanth
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
For Respondents
For R1 : Mr.K.G.Vasudevan
For R2 : Dr.S.Suriya,
Government Advocate (CS)
CRP.No.2710 of 2018
1.P.Balakumar
2.P.Mohanasundaram ... Petitioners
Vs
1.S.Ayyappan
2.Tahsildar,
Ambattur Taluk ... Respondents
Prayer :-
Civil Revision Petition is filed under Article 227 of the
Constitution of India against the decree and fair order dated 09.08.2018
passed in IA.No.784 of 2018 in OS.No.167 of 2006 on the file of the
District Munsif, Ambattur.
For Petitioners : M/s.Elizabeth Ravi
for Mr.A.H.Srikanth
For Respondents
For R1 : Mr.K.G.Vasudevan
For R2 : Dr.S.Suriya,
Government Advocate (CS)
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
CRP.No.2711 of 2018
1.P.Balakumar
2.P.Mohanasundaram ... Petitioners
Vs
1.S.Ayyappan
2.Tahsildar,
Ambattur Taluk ... Respondents
Prayer :-
Civil Revision Petition is filed under Article 227 of the
Constitution of India against the decree and fair order dated 09.08.2018
passed in IA.No.785 of 2018 in OS.No.167 of 2006 on the file of the
District Munsif, Ambattur.
For Petitioners : M/s.Elizabeth Ravi
for Mr.A.H.Srikanth
For Respondents
For R1 : Mr.K.G.Vasudevan
For R2 : Dr.S.Suriya,
Government Advocate (CS)
COMMON ORDER
These Civil Revision Petitions are filed against the decree and fair
order dated 09.08.2018 passed in IA.Nos.783 to 785 of 2018 in OS.No.167
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
of 2006 on the file of the District Munsif, Ambattur, thereby dismissing the
petitions to reopen, recall and seeking permission to receive additional
documents.
2. In all the civil revision petitions, the petitioners are the
defendants in the suit filed by the first respondent for permanent injunction
in respect of the suit property. The suit is of the year 2006. After closing the
evidence of defendants, when the matter was posted for arguments, the
petitioners come forward with the petitions to reopen, recall and seeking
permission to receive additional documents. The documents which are
sought to be marked are as follows:
Sl. Date Parties to Document Remarks
No.
1 26.11.1997 Sale deed in favour of first defendant Sale deed
(original)
2 26.11.1997 Sale deed in favour of second Sale deed
defendant (original)
3 06.04.2018 Decretal order in IA.No.137 of 2017 in Decretal order
AS.No.32 of 2017 in favour of (certified copy)
defendants
4 06.04.2018 Fair order in IA.No.137 of 2017 in Fair order
AS.No.32 of 2017 in favour of (certified copy)
defendants
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
3. The certified copies of the documents 1 and 2 were already
marked as Ex.B1 and Ex.B2 in the suit. Insofar as documents 3 and 4 are
concerned, they filed appeal suit in AS.No.32 of 2017, in which they were
granted temporary injunction in IA.No.137 of 2017 and the same was
allowed in their favour by the fair and decretal order dated 06.04.2018. The
said appeal is arising out of judgment and decree passed in OS.No.12 of
2005 on the file of the District Munsif Court, Ambattur for the very same
property. Those documents were sought to be marked to prove their
possession and enjoyment of the suit property.
4. Admittedly, the first and second documents were already
marked as Ex.B1 and Ex.B2. Insofar documents 3 and 4 are concerned, they
are court orders. Therefore, the petitioners can very well rely upon those
documents at the time of arguments in the suit. Since the suit is of the year
2006, and when the suit was posted for arguments, these documents came to
be filed. Therefore, the court rightly dismissed those petitions for the reason
that the preset petitions are nothing but filling up the lacuna.
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
5. In view of the above discussion, this Court finds no infirmity or
illegality in the orders passed by the court below. Accordingly, all the civil
revision petitions are dismissed. However, the petitioners are at liberty to
rely upon those documents at the time of arguments in the suit. The trial
court is directed to dispose of the suit within a period of three months from
the date of receipt of copy of this order. Consequently, connected
miscellaneous petition is closed. No order as to costs.
13.07.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
https://www.mhc.tn.gov.in/judis/
C.R.P.(P.D).Nos.2709, 2710 & 2711 of 2018
G.K.ILANTHIRAIYAN,J.
lok
To
The District Munsif,
Ambattur.
C.R.P.(PD) Nos.2709, 2710 & 2711 of 2018
13.07.2021
https://www.mhc.tn.gov.in/judis/
