C.N.Poongodi vs M.Mohammed Akbar
2021 Latest Caselaw 20740 Mad

                                                                      C.R.P.(NPD).No.3658 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 07.10.2021

                                                       CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                             C.R.P.(NPD)No.3658 of 2017
                                             and C.M.P.No.17021 of 2017

                     C.B.Nanda Gopal (Deceased)

                     1.C.N.Poongodi

                     2.C.N.Yasodha

                     3.C.N.Krishnaveni

                     4.C.N.Prithvirajkumar                                     .. Petitioners
                                                            Vs.

                     M.Mohammed Akbar                                 .. Respondent
                     Prayer: Civil Revision Petition filed under Article 227 of the
                     Constitution of India, against the judgment and decree dated 04.07.2016
                     made in M.P.No.696 of 2015 in M.P.No.560 of 2013 in R.C.O.P.No.750
                     of 2013 on the file of the XIII Small Causes Court, Chennai and
                     consequently, direct for forensic verification of Exhibits R1 and R2.

                                          For Petitioners    : Mr.P.C.Hari Kumar

                                          For Respondent     : No appearance


                     1/6

https://www.mhc.tn.gov.in/judis/
                                                                       C.R.P.(NPD).No.3658 of 2017

                                                       ORDER

(The matter is heard through 'video conferencing/hybrid mode') This Civil Revision Petition is filed against the judgment and

decree dated 04.07.2016 made in M.P.No.696 of 2015 in M.P.No.560 of

2013 in R.C.O.P.No.750 of 2013 on the file of the XIII Small Causes

Court, Chennai and consequently, direct for forensic verification of

Exhibits R1 and R2.

2.The petitioners are legal heirs of one C.B.Nanda Gopal. The said

C.B.Nanda Gopal filed R.C.O.P.No.750 of 2013 against the respondent,

for eviction on the ground of wilful default. The respondent filed counter

statement on 03.10.2003. Pending R.C.O.P., said C.B.Nanda Gopal died.

The present petitioners were brought on record as petitioners in R.C.O.P.

The petitioners filed M.P.No.696 of 2015 under Section 45 of the Indian

Evidence Act, 1872, to refer the Rental Receipts dated 01.08.2013 and

the No Objection letter dated 12.08.2013, which were marked as Exs.R1

and R2 for Expert Opinion, to compare the signatures in those documents

with the signature of the petitioner's father in R.C.O.P., on the ground

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD).No.3658 of 2017

that their father filed application under Section 11(4) of the Act. During

pendency of application under Section 11(4) of the Act, the respondent

let in evidence as R.W.1 and filed proof affidavit along with certain

documents and the matter was posted for cross-examination of R.W.1. At

that time, their father died due to their old age, leaving the petitioners.

The petitioners were impleaded as parties and they applied for certified

copies of the documents filed in support of the proof affidavit filed by the

respondent and found that those documents were manipulated and

fabricated as if it was signed by their father. In view of the same, they

filed the present Petition. The learned Rent Controller dismissed the M.P.

Against the said order of dismissal 04.07.2016 made in M.P.No.696 of

2015 in M.P.No.560 of 2013 in R.C.O.P.No.750 of 2013, the present

Civil Revision Petition has been filed.

3.When the Civil Revision Petition is taken up for hearing, the

learned counsel appearing for the petitioners submitted that the sole

respondent in R.C.O.P., as well as in the C.R.P. died and seeks

permission of this Court to withdraw the Civil Revision Petition with

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD).No.3658 of 2017

liberty to withdraw the petition filed by their father under Section 11(4)

of the Act and proceed with the R.C.O.P., impleading the legal heirs of

the respondent/tenant.

4.Recording the submission made by the learned counsel appearing

for the petitioners, this Civil Revision Petition is dismissed as withdrawn.

The petitioners are at liberty to withdraw the petition in M.P.No.560 of

2013, filed under Section 11(4) of the Act and file petition to implead

the legal heirs of the respondent in R.C.O.P. The R.C.O.P. is of the year

2013. The learned XIII Judge, Small Causes Court, Chennai, is directed

to dispose of the same as expeditiously as possible, in any event, within a

period of one year from the date of receipt of a copy of this order. No

costs. Consequently, connected Miscellaneous Petition is closed.

07.10.2021 Index :: Yes/No gsa

To

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD).No.3658 of 2017

The XIII Judge, Small Causes Court, Chennai,

https://www.mhc.tn.gov.in/judis/ C.R.P.(NPD).No.3658 of 2017

V.M.VELUMANI, J.

gsa

C.R.P.(NPD)No.3658 of 2017

07.10.2021

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