Angathal vs Vijayalakshmi
2023 Latest Caselaw 7456 Mad

                                                                               C.R.P.No.3452 of 2015

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 03.07.2023

                                                          CORAM :

                                  THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                                    C.R.P.No.3452 of 2015
                                                    and M.P.No.1 of 2015

                     1.Angathal
                     2.Natarajan                                                      .. Petitioners
                                                               vs

                     Vijayalakshmi                                                  .. Respondent

                           Petition filed under Article 227 of the Constitution of India
                     against the fair and decreetal order dated 07.03.2015 made in
                     I.A.No.505 of 2015 n O.S.No.434 of 2013 on the file of IV
                     Additional District and Sessions Court, Coimbatore.


                                  For Petitioners         :         Mr.K.Venkatasubban

                                  For Respondent          :         No appearance

                                                              ORDER

The defendants / petitioners seek to revise the order passed

in I.A.No.505 of 2014.

2. The plaintiff / respondent claims the property on

account of death of her father Murugaian @ Murugaiah Gounder.

Murugaian @ Murugaiah Gounder, married one Angathal, who is

the first defendant. From the marriage, the plaintiff and the second

defendant were born. As already premised, there is no dispute in https://www.mhc.tn.gov.in/judis

C.R.P.No.3452 of 2015

the relationship between the parties.

3. Since the relationship between the parties was

admitted, the plaintiff took up the application under Order 18 Rule

1 CPC seeking the respondent to begin the trial in suit. The learned

trial Judge, allowed the application on the ground that if the Will

dated 04.09.1988 is proved, there is no question of going through

the matter for trial. This is the case in which the Will has been

projected to hold that the plaintiff does not have the share in the

property.

4. Learned counsel for the petitioner rely on a judgment

of this Court in the case of K.Shanmugha Gandhi v K.Venugopal

and others [2009 SCC Online Mad 485]. A reading of the judgment

does not show that the fifth defendant, who was the revision

petitioner in that case was a subsequent purchaser of the share.

5. Here, the title of the property and the relationship

between the parties are not in dispute and the dispute is with

respect to the Will, which is true and genuine. If the Will is proved,

the plaintiff is out of the Court. If the Will is not proved, the

plaintiff will be entitled to the share by virtue of succession. It is

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

C.R.P.No.3452 of 2015

in that circumstances, that the learned trial Judge felt that the

defendants will have to enter the witness box and prove the case.

6. In any event, the exercise of discretion is under Order

18 Rule 1 CPC by learned trial Judge. It is a matter for procedure.

The order is not perverse or tainted with illegality. I do not find

any reason to interfere with the same in this civil revision petition.

7. Being of the year 2013, the learned IV Additional

Judge, Coimbatore, is requested to take up the suit on priority

basis and dispose the same within a period of six months from

today. Let a report be submitted by the IV Additional Judge,

Coimbatore to this Court.

8. With the above direction, this civil revision petition is

dismissed. No costs. Connected miscellaneous petition is closed.

03.07.2023

Index:Yes/No Neutral Citation:Yes/No ssm

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

C.R.P.No.3452 of 2015

V. LAKSHMINARAYANAN,J.

ssm

To

The IV Additional District and Sessions Court, Coimbatore.

C.R.P.No.3452 of 2015

03.07.2023

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