Madras High Court
R.Kamalam vs A.S.Kannan Karthik on 3 April, 2023
C.R.P(MD)No.902 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.04.2023
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.R.P(MD)No.902 of 2023
and
C.M.P(MD)No.4140 of 2023
1.R.Kamalam
2.C.Manimekala ... Petitioners/Petitioners/
Plaintiffs
Vs.
1.A.S.Kannan Karthik
2.V.Vijayan
3.N.Boopathi
4.S.Soundiram
5.S.Gunavathy
6.R.Vasanth
7.T.Radhika ... Respondents/
Respondents/
Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to pass an order setting aside the fair and decreetal
order, dated 01.03.2023 passed in I.A.No.35 of 2023 in O.S.No.7 of 2019
by District Munsif Court, Oddanchathiram.
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C.R.P(MD)No.902 of 2023
For Petitioner : Mr.S.Anand Chandrasekar
For M/s.Sarvabhauman Associates
For R1 : Mr.M.P.Senthil
Caveator
ORDER
The present Civil Revision Petition has been filed against the fair
and decreetal order, dated 01.03.2023 passed in I.A.No.35 of 2023 in
O.S.No.7 of 2019 by District Munsif Court, Oddanchathiram.
2. The petitioners are the plaintiffs before the trial Court in
O.S.No.7 of 2019 before the District Munsif court, Oddanchathiram. The
said suit has been filed for partition of suit schedule property against the
respondents 1 and 2.
3. The first respondent is the son of the fifth respondent. The
second respondent is the son through second wife of late.Veerappa
Gounder. It appears that earlier O.S.No.24 of 2011 was filed by the first
respondent against the second respondent. The first respondent had
claimed title over the suit schedule property based on a registered Will
executed by late.Veerappa Gounder. The second respondent on the other
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C.R.P(MD)No.902 of 2023
hand claims that the said late.Veerappa Gounder had executed a
registered Will in favour of the mother and that the second respondent’s
mother executed a settlement deed in favour of the second respondent.
The suit was compromised on 17.01.2013.
4. The petitioners, who are claiming rights as the legal heirs
through first wife filed O.S.No.7 of 2019 for declaration of the settlement
deed, dated 14.05.2019 and the compromise decree, dated 17.01.2013 in
O.S.No.24 of 2011 as null and void. The trial Court after pursuing the
plaint and written statement in O.S.No.7 of 2019 has framed eight issues
and thereafter framed additional issues.
5. The specific case of the petitioner is that the Issue No.2 is
unnecessary as Issue No.2 is subsumed into Issue No.3. It is the further
case of the petitioner is that Issue No.11 is not a dispute that the
registered Will executed in favour of the first respondent by
late.Veerappa Gounder was retained by the learned counsel and
therefore, the Court has unnecessarily framed the 11th issue.
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C.R.P(MD)No.902 of 2023
6. On the other hand, the learned counsel for the first respondent
submits that the attempt of the petitioner to drag on the proceedings. It is
further submitted that under Order 14 Rule 5(2) of C.P.C, the Court at
any time before passing decree can strike out any issues that appear to it
to be wrongly framed or introduced.
7. In my view, the trial Court seized of the issue and it has framed
issues after reading the plaint and written statement under Order 14 of
C.P.C. Whether the Will has been retained by the counsel, who appear
for the first respondent in O.S.No.24 of 2011 or whether it is not
available at all can be decided by the trial Court at the time of final
argument under Order 5 Rule 2 of C.P.C.
8. In my view, no useful purpose will be served by interfering with
the issues framed by the Court. In my view, the impugned order rejecting
the prayer of the petitioner in I.A.No.35 of 2023 does not call for any
interference.
9. Therefore, the present Civil Revision Petition stands dismissed
with the above observations. The trial Court is directed to proceed with
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C.R.P(MD)No.902 of 2023
the trial and pass judgment and decree as expeditiously as possible
preferably within a period of 9 months from the date of receipt of copy of
this order. No costs. Consequently, connected miscellaneous petition is
closed.
03.04.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sn
To
1.The District Munsif Court, Oddanchathiram.
2.The Section Officer
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.902 of 2023
C.SARAVANAN,J.
SN
C.R.P(MD)No.902 of 2023
03.04.2023
https://www.mhc.tn.gov.in/judis
