Rajeshwari vs Shanmugavellamal ...1St
2022 Latest Caselaw 6312 Mad

                                                                            C.R.P(MD)No.1112 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 28.03.2022

                                                     CORAM

                                     THE HON'BLE MRS.JUSTICE S.ANANTHI

                                           C.R.P(MD)No.1112 of 2021
                                                    and
                                           C.M.P(MD)No.6480 of 2021

                     Rajeshwari                             ... Petitioner/Defendant No.1

                                                        Vs.

                     1.Shanmugavellamal                     ...1st Respondent/plaintiff
                     2.Rajasekaran
                     3.Malaimegam
                     4.Andiselvam
                     5.Muthuambalam
                     6.Selvam
                     7.Thiruppathi
                     8.Muthu
                     9.Balakrishnan                         ... Respondent Nos.2 to 9/
                                                                         Defendant Nos.2 to 9


                     PRAYER: Civil Revision Petition filed under Article 227 of the
                     Constitution of India, to call for the records relating to the order passed
                     in I.A.No.1 of 2019 dated 04.03.2021 on the file of the District Munsif
                     Cum Judicial Magistrate Court, Tiruppuvanam and to set aside the same.


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                                                                                     C.R.P(MD)No.1112 of 2021


                                          For Petitioner      : Mr.S.Subbiah
                                                                Senior Advocate
                                                                for Mr.D.Senthil

                                          For R1              : Mr.V.Janakiramulu

                                          For R2 - R9         : Mr.V.Selvakumar

                                                              ORDER

The Civil Revision Petition has been filed to set aside the order

passed in I.A.No.1 of 2019 dated 04.03.2021 on the file of the District

Munsif Cum Judicial Magistrate Court, Tiruppuvanam.

2.The said I.A.No.1 of 2019 was filed by the first

respondent/plaintiff, to mark the unregistered partition deed for collateral

purpose after paying stamp duty penalty, which was allowed by the

learned District Munsif Cum Judicial Magistrate, Thiruppuvanam as per

judgment reported in 2017 (2) MWN (civil) 165.

3.The revision petitioner/1st defendant has filed this Civil Revision

Petition on the ground that 'what is the collateral purpose' is not stated in

the application. But, it can be decided by the trial Court, at the time of

taking evidence. So, nothing is wrong for allowing the said I.A.No.1 of

2019. The suit is only for permanent injunction. To prove the

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C.R.P(MD)No.1112 of 2021

possession, it can looked into. The questions raised by the revision

petitioner/1st defendant can be raised before the Court below.

4.In view of the above, the Civil Revision Petition is dismissed

and the order dated 04.03.2021 made in I.A.No.1 of 2019 passed by the

learned District Munsif Cum Judicial Magistrate Court, Tiruppuvanam is

hereby confirmed. No costs. Consequently connected miscellaneous

petition is closed.

28.03.2022

Index : Yes/No Internet: Yes/No vsd

To

The District Munsif Cum Judicial Magistrate Court, Tiruppuvanam.

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

C.R.P(MD)No.1112 of 2021

S.ANANTHI, J.

vsd

Order made in C.R.P(MD)No.1112 of 2021 and C.M.P(MD)No.6480 of 2021

Dated:

28.03.2022

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