Leo Arockiasamy vs R.Azhagar
2023 Latest Caselaw 12603 Mad

                                                                         C.R.P.(MD) No.2331 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 15.09.2023

                                                        CORAM

                   THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

                                            C.R.P.(MD) No.2331 of 2023

                1.Leo Arockiasamy

                2.Lurdu Edward Raj                                                ... Petitioners

                                                         Vs.

                R.Azhagar                                                        ... Respondent

                Prayer:- This Civil Revision Petition filed under Article 227 of the
                Constitution of India, to direct the Additional District Munsif Court,
                Manapparai to pass orders in I.A.No.4 of 2022 in O.S.No.132 of 2022 within a
                time frame as stipulated by this Court.


                                      For Petitioners    : Mr.V.Sasikumar


                                                        ORDER

This Civil Revision Petition has been filed by the petitioners for speedy

disposal of I.A.No.4 of 2022 in O.S.No.132 of 2022 on the file of the

Additional District Munsif Court, Manapparai.

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

C.R.P.(MD) No.2331 of 2023

2. Since this Civil Revision Petition filed by the petitioners is only for

speedy disposal of the I.A, notice for the respondent is not required and is

therefore dispensed with. Therefore, this case is taken up for final disposal.

3. The above suit in O.S.No.132 of 2022 was filed by the

respondent/plaintiff for the relief of permanent injunction restraining the

petitioners/defendants from interfering with his peaceful possession and

enjoyment of the suit property except due process of law. It is submitted that

along with plaint, the respondent/plaintiff filed a Lease Deed dated 19.04.2021

which is alleged to have been executed between the respondent/plaintiff and

the father of the petitioners/defendants during his life time.

4. It is submitted that from the informations got by the

petitioners/defendants from the Government Officials, it came to the

knowledge of the petitioners/defendants that the respondent/plaintiff has

obtained a non-judicial stamp paper of Rs.100/- bearing No.CG019053 from

the one Nagaraj after 09.12.2021, ie. after the death of the

petitioners/defendants’ father on 01.05.2021 and fraudulently created the false

Lease Deed dated 19.04.2021 and forged the signatures of the petitioner’s

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

C.R.P.(MD) No.2331 of 2023

father Anthony @ Anthony Pillai for the purpose of cheating the petitioners.

Apart from the above, it is submitted that the respondent/plaintiff has

fraudulently and dishonestly used the said false document as a genuine one to

make the Trial Court to believe that he is the cultivating tenant, thereby,

defrauded the court.

5. Therefore, the petitioners/defendants filed I.A.No.4 of 2022 under

Section 340 of the Criminal Procedure Code, 1973 seeking the Additional

District Munsif Court, Manaparrai to conduct the enquiry into the offences

committed by the respondent/plaintiff, record a finding to that effect, make a

complaint thereof in writing and send the same to the learned Judicial

Magistrate, as envisaged under Section 340 of the Criminal Procedure Code,

1973.

6. It is submitted that after 8 hearings, the respondent/plaintiff filed his

counter affidavit on 08.03.2023 and the petitioners/defendants’ side enquiry

was completed on 07.06.2023 and the respondent/plaintiff’s side enquiry was

completed on 26.06.2023. Thereafter, the Trial Court adjourned the I.A for

passing order on 06.07.2023.

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

C.R.P.(MD) No.2331 of 2023

7. It is submitted that the adjudication dated 06.07.2023 made by the

Trial Court in I.A.No.4 of 2022 is “call with O.S.No.132 of 2022. Call on

20.07.2023” and “Written Statement of Defendants by 20.07.2023”. It is

therefore submitted that in view of the above, it can be inferred that the Trial

Court has decided to pass order in I.A.No.4 of 2022 along with the Judgment

and Decree in O.S.No.132 of 2023.

8. The learned counsel for the petitioners/defendants would submit that

the suit has been filed on the basis of Lease Deed dated 19.04.2021 and

therefore, only after the Trial Court passes order in I.A.No.4 of 2022 and takes

a decision regarding the genuineness of the Lease Deed dated 19.04.2021, the

petitioners/defendant may be in a position to decide their further course of

action in the above suit. Therefore, the petitioners/defendants were constrained

to approach this Court for speedy disposal of I.A.No.4 of 2022.

9. Considering the facts and circumstances of the case, the learned

Additional District Munsif, Manapparai is directed to dispose I.A.No.4 of 2022

in O.S.No.132 of 2022 on merits, without giving any unnecessary

adjournments, expeditiously, within a period of 1 month from the date of

receipt of a copy of this order.

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

C.R.P.(MD) No.2331 of 2023

8. Accordingly, this Civil Revision Petition is disposed of. No cost.

15.09.2023 Internet : Yes/No NCC : Yes/No jen

To

The Additional District Munsif, Manapparai.

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

C.R.P.(MD) No.2331 of 2023

K.GOVINDARAJAN THILAKAVADI, J.

jen

C.R.P.(MD) No.2331 of 2023

15.09.2023

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