Madras High Court
N.Devaraj vs Devakiammal on 28 July, 2021
C.R.P.(N.P.D).No.3645 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) No. 3645 of 2018
and
CMP No.20283 of 2018
1. N.Devaraj
2. N.Nandakumar .... Petitioners
Vs
1. Devakiammal
2. Shanthi Selvaraj
rep. by her Power of Attorney Agent
S.Vasanthamani
3. Kirthi Sridharshini
4. R.Manoharan .... Respondents
Prayer :- Civil Revision Petition is filed under Section 115 of the Code
of Civil Procedure, to set aside the fair and decreetal order dated
31.07.2018 made in I.A.No.68 of 2018 in A.S.No.5 of 2008 on the file of
the District Judge, The Nilgiris at Udhagamandalam.
For Petitioners : Mr.Kandan Doraisami
for Mr.N.R.Anantha Ramakrishnan
For R1 to R3 : No appearance
For R4 : Mr.K.Govi Ganesan
1/6
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.3645 of 2018
ORDER
This Civil Revision Petition is filed against the fair and decreetal
order dated 31.07.2018 made in I.A.No.68 of 2018 in A.S.No.5 of 2008
on the file of the District Judge, The Nilgiris at Udhagamandalam,
thereby dismissing the petition seeking experts opinion on the Will dated
03.11.2004, which was marked as Ex.B3.
2. The petitioners are the plaintiffs and the respondents are the
defendants. The petitioners filed a suit in O.S.No. 70 of 2005 for
partition and the same was dismissed. Aggrieved by the same, the
defendants 1 to 3 as well as the plaintiffs filed Appeal Suits in A.S.Nos. 5
and 6 of 2008. Both the appeals were allowed and remitted back the suit
to the Trial Court for fresh disposal. Aggrieved by the said Judgment and
Decree, the fourth defendant filed Civil Miscellaneous Appeals in CMA
Nos.1055 and 1056 of 2009 before this Court and by the Judgment and
Decree dated 13.07.2016, this Court allowed the appeals and the First
Appellate Court is directed to dispose of the appeals on fresh
consideration on the basis of the evidence available on record.
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C.R.P.(N.P.D).No.3645 of 2018
3. While pending the appeal suits, the petitioners herein filed
a petition in I.A.No.68 of 2018 to send Ex.B3 - Will dated 03.11.2004 to
a hand writing expert opinion. When the suit was filed in the year 2005,
the husband of the first defendant executed a Will dated 03.11.2004.
After demise of her husband, she executed sale deed in favour of the
petitioner herein. Even then, the petitioners herein did not challenge the
same and did not ask for any hand writing expert opinion. When the
Civil Miscellaneous Appeals were allowed by this Court and thereafter,
in the year 2018, the petitioners filed a petition in I.A.No.68 of 2018
seeking expert opinion of the Will dated 03.11.2004, which was marked
as Ex.B3.
4. That apart, the contemporary documents to be compared with
the said Will as requested by the petitioners are the Will dated
09.03.1981 and 07.02.1998. The contemporary documents should be
before two years or after two years of the Will dated 03.11.2004.
Therefore, those documents cannot be compared with Ex.B3-Will dated
03.11.2004. Further, this Court never directed the First Appellate Court
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C.R.P.(N.P.D).No.3645 of 2018
to let in fresh evidence. Only on the basis of the evidence available on
record, the First Appellate Court is directed to dispose of the appeals.
Therefore, the Court below rightly dismissed the petition.
5. In view of the above, this Court finds no infirmity or illegality
in the order passed by the Court below. The First Appellate Court is
directed to dispose of the Appeal Suits within a period of three months
from the date of receipt of a copy of this order.
6. With the above direction, the Civil Revision Petition stands
dismissed. Consequently, connected Miscellaneous Petition is closed.
No costs.
28.07.2021
Lpp
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.3645 of 2018
To
1.The District Judge,
The Nilgiris at Uthagamandalam
2. The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.R.P.(N.P.D).No.3645 of 2018
G.K.ILANTHIRAIYAN.J,
Lpp
C.R.P.(NPD) No. 3645 of 2018
and
CMP No.20283 of 2018
28.07.2021
https://www.mhc.tn.gov.in/judis/
