Madras High Court
Palanisamy ...Revision vs Petchiammal on 29 March, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.03.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.R.P.(MD)No.1730 of 2021
and
C.M.P.(MD)No.9232 of 2021
Palanisamy ...Revision Petitioner/Respondent/
Plaintiff
Vs.
Petchiammal ...Respondent/Petitioner/Defendant
PRAYER: Civil Revision Petition under Article 227 of Constitution of India,
to call for the records of the Court below and allow this Revision Petition
and set aside the fair and decreetal order dated 29.09.2021 passed in I.A.No.1
of 2021 in O.S.No.68 of 2020 on the file of the learned District Munsif,
Rajapalayam.
For Petitioner :Mr.V.Ramakrishnan
For Respondent :Mr.M.Ashok Kumar
ORDER
This Civil Revision Petition has been filed to set aside the fair and
decreetal order, dated 29.09.2021 in I.A.No.1 of 2021 in O.S.No.68 of 2020
passed by the learned District Munsif, Rajapalayam.
2.The parties are referred to as per the rank mentioned before the Court
below.
https://www.mhc.tn.gov.in/judis
3.The defendant has filed a petition in I.A.No.2 of 2021 in O.S.No.68
of 2020 on the file of the learned District Munsif, Rajapalayam, for
receiving documents. The said petition was allowed. Against the said order,
the revision petitioner herein/plaintiff is before this Court.
4. Heard on either side and perused the material documents available
on record.
5.Already the suit in O.S.No.68 of 2020 was disposed. In appeal, the
suit was remanded back to trial Court to produce certain documents and
evidence.
6.As per Judgment of the Appellate Court the documents are related to
building plan, electricity connection and house tax documents and these
documents are very necessary to decide the issue. Against which the revision
petitioner herein/plaintiff has preferred an appeal in C.M.A(MD)No.92 of
2020 in which this Court has passed an order and directed the Court below
to give opportunity to both the parties to adduce oral and documentary
evidence to value of property.
https://www.mhc.tn.gov.in/judis
7.Now the defendant has filed the petition in I.A.No.1 of 2021 for
receiving documents; i.e., First Information Report, Charge sheet which were
obtained through Right Information. These documents are necessary to
adjudicate the questions raised by the Appellate Court.
8.The defendant has to file documents mentioned in the appeal
Judgment. So, the petition in I.A.No.1 of 2021 which was filed for receiving
documents is not at all necessary for deciding the issues. Without considering
the appeal Judgment, the trial Court has allowed the petition which was filed
for receiving documents. For remanding the matter these documents are not
necessary.
9.Accordingly, this Civil Revision Petition is allowed by setting aside
the order, dated 29.09.2021 in I.A.No.1 of 2021 in O.S.No.68 of 2020 passed
by the learned District Munsif, Rajapalayam. No Costs. Consequently,
connected miscellaneous petition is closed.
Index :Yes/No 29.03.2022
Internet:Yes/No
ksa
To
The District Munsif Court, Periyakulam.
https://www.mhc.tn.gov.in/judis
S.ANANTHI, J.
ksa
Order made in
C.R.P.(MD)No.1730 of 2021
29.03.2022
https://www.mhc.tn.gov.in/judis
