Madras High Court
M.Jeyaraman vs Arief @ Hajara Begum on 5 October, 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.R.P(MD)No.459 of 2019
and
C.M.P.(MD)No.2322 of 2019
1.M.Jeyaraman
2.Mohan ... Petitioners/Respondents/
Defendants
vs.
Arief @ Hajara Begum ...Respondent/Petitioner/
Plaintiff
PRAYER: Petition filed under Article 227 of the Constitution of India,
to set aside the order and decree, dated 11.12.2018 made in I.A.No.1629
of 2018 in O.S.No.543 of 2013 on the file of the Principal District
Munsif Court, Dindigul District and allow this Civil Revision Petition.
For Petitioners : Mr.G.Gomathi Sankar
For Respondent : Mr.H.Lakshmi Shankar
******
ORDER
The Civil Revision Petition has been filed by the revision
petitioners to set aside the fair and decreetal order, dated 11.12.2018 in
https://www.mhc.tn.gov.in/judis/
I.A.No.1629 of 2018 in O.S.No.543 of 2013 passed by the learned
Principal District Munsif, Dindigul District.
2.The respondent herein/plaintiff has filed a suit in O.S.No.543 of
2013 for declaration and permanent injunction and during the pendency
of the suit, he has filed a petition in I.A.No.1629 of 2018 in O.S.No.543
of 2013, under Order 13 and Rule 4 and Section 151 of Civil Procedure
Code, to mark the registered document, dated 11.12.1999 on the side of
the plaintiff and the same was allowed on 11.12.2018 against the
revision petitioners herein. Aggrieved over the same, the revision
petitioners/Defendants have filed this Civil Revision Petitioner.
3.Heard Mr.G.Gomathi Sankar, learned counsel appearing for the
revision petitioners and Mr.H.Lakshmi Shankar, learned counsel
appearing for the respondent.
4. It is only creation of easement right in a pathway. The document
need not be registered as per Judgment delivered in S.A.No.208 of 2017,
dated 18.01.2018, Pandhari Vs. Motiram Jayram Deogade and Ors.
The agreement executed for right of easement is not required to be
https://www.mhc.tn.gov.in/judis/
registered. Hence, the trial Court has rightly allowed the petition to
mark the undertaking deed. Hence, this Court has no valid reasons to
interfere with the order passed by the Court below.
5.Accordingly, this Civil Revision Petition stands dismissed by
confirming the fair and decreetal order, dated 11.12.2018 in I.A.No.1629
of 2018 in O.S.No.543 of 2013 passed by the learned Principal District
Munsif, Dindigul District. No Costs. Consequently, connected
miscellaneous petition is closed.
05.10.2021
Index : Yes/ No
Internet : Yes/No
ksa
Note :In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be
the responsibility of the Advocate/litigant concerned.
To
1) The Principal District Munsif Court,
Dindigul District.
2) The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
S.ANANTHI, J.
ksa
C.R.P(MD)No.459 of 2019
05.10.2021
https://www.mhc.tn.gov.in/judis/
