Joseph Easaiyan vs Shree Kariyakkal
2021 Latest Caselaw 12264 Mad

                                                                                 C.R.P.(P.D).No.4095 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 23.06.2021

                                                            CORAM

                                    THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

                                                  C.R.P.(PD) No. 4095 of 2018
                                                  and CMP No.22616 of 2018

                     Joseph Easaiyan                                ...        Petitioner
                                                               Vs
                     1.Shree Kariyakkal
                     2.Latha Rajendran                              ...        Respondents

                     Prayer :- Civil Revision Petition is filed under Article 227 of

                     Constitution of India, to set aside the fair and decreetal order dated

                     23.10.2018 made in I.A.No.739 of 2018 in O.S.No.292of 2009 on the file

                     of the District Munsif, Tambaram.


                                      For Petitioner        : Mr.D.AshokKumar

                                      For Respondent        : Mr.Mannan
                                                              for Mr.A.Paramasivam

                                                            ORDER

This Civil Revision Petition is filed against the fair and decreetal

order 23.10.2018 made in I.A.No.739 of 2018 in O.S.No.292of 2009 on

https://www.mhc.tn.gov.in/judis/ C.R.P.(P.D).No.4095 of 2018

the file of the District Munsif, Tambaram, thereby dismissing the petition

to reject the documents received and marked as evidence on the side of

the respondents.

2. The petitioner is the defendant and the respondents are the

plaintiffs. The respondents filed a suit for permanent injunction in

respect of the suit property. During the trial, the first respondent was

examined as P.W.1 and she marked so many exhibits, in which Exs.A13

to Ex.A16 were all xerox copies duly attested by the concerned Village

Administrative Officer. Those documents were marked with objections

raised by the petitioner herein. After marking those documents, the

petitioner filed a petition to reject those documents and evidence marked

through P.W.1 as Exs.A13 to Ex.A16. The only ground raised by the

petitioner is that the person who attested Ex.A13 to Ex.A16 is not a

competent one to issue certified copies. The Court below dismissed the

petition for the reason that, mere marking of the documents with

objections does not confer any rights to any of the parties and it is

further viewed that the relevancy and admissibility of the documents to

https://www.mhc.tn.gov.in/judis/ C.R.P.(P.D).No.4095 of 2018

be considered only at the time of Judgment. Therefore, the Court below

rightly dismissed the petition.

3. Accordingly, this Court finds no infirmity or illegality in the

order passed by the Court below. Hence, the Civil Revision Petition is

dismissed. No order as to costs. Consequently, connected Miscellaneous

Petition is closed.

23.06.2021

lpp Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

To The District Munsif, Tambaram.

https://www.mhc.tn.gov.in/judis/ C.R.P.(P.D).No.4095 of 2018

G.K.ILANTHIRAIYAN.J,

lpp

C.R.P.(PD) No. 4095 of 2018 and CMP No.22616 of 2018

23.06.2021

https://www.mhc.tn.gov.in/judis/