Thirumalai Kumar vs Ramesh
2024 Latest Caselaw 17437 Mad

Madras High Court

Thirumalai Kumar vs Ramesh on 3 September, 2024

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                C.R.P.(MD)No.287 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                Dated : 03.09.2024
                                                   CORAM
                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                            C.R.P.(MD)No.287 of 2023
                                                      and
                                           C.M.P.(MD)No.1376 of 2023

                Thirumalai Kumar                      ... Petitioner/Petitioner/Appellant


                                                      Vs.
                1.Ramesh
                2.Sankaralingam
                3.The Branch Manager,
                  Tamilnadu Mercantile Bank,
                  Pavoorchathiram,
                  Tenkasi Taluk,
                  Tenkasi District.

                4.The Branch Manager,
                  Indian Overseas Bank,
                  Elanji, Tenkasi Taluk,
                  Tenkasi District.

                5.The Branch Manager,
                  Indian Overseas Bank,
                  Tenkasi.                      ... Respondents/Respondents/Respondents

                Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
                India, to set aside the judgment and decree dated 10-11-2022 passed in
                I.A.No.1 of 2022 in on the file of the Learned Additional District Court (Fast
                Track Court), Tenkasi and allow this Civil Revision Petition.


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                                                                             C.R.P.(MD)No.287 of 2023


                          For Petitioner      : Mr.N.Mohideen Basha

                          For Respondents : Mr.M.Saravanan for R1
                                               Mr.N.C.Ashok Kumar for R2
                                               Mr.S.Micheal Heldon Kumar for R3
                                               No appearance for R4 & R5

                                                        ***

                                                     ORDER

Heard both sides.

2.The appellant in A.S.No.54 of 2020 on the file of the Additional

District Court (Fast Tract Court), Tenkasi is the revision petitioner herein. The

first respondent herein filed O.S.No.119 of 2010 on the file of the Principal Sub

Court, Tenkasi seeking partition. Preliminary decree was passed on 13.01.2020.

The trial Court held that the Will propounded by the revision petitioner herein

was not proved. Questioning the said judgment and decree, the revision

petitioner herein filed A.S.No.54 of 2020. In the said first appeal, I.A.No.1 of

2021 under Order 76 of Civil Rules of Practice r/w. Section 151 of Civil

Procedure Code to send for certain documents. The petitioner's request was

negatived by the Court below vide order dated 10.11.2022. Challenging the

same, this civil revision petition came to be filed.

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3.The learned counsel for the revision petitioner reiterated all the

contentions set out in the grounds of revision.

4.Per contra, the learned counsel for the first respondent submitted that

the impugned order does not warrant interference.

5.I carefully considered the rival contentions and went through the

materials on record. In I.A.No.1 of 2021, the documents sought to be sent for

are the voucher said to have been signed by late.Pandiya Nadar by affixing his

thumb impression on 31.08.2006 and certain other records. According to the

petitioner, the documents are in the custody of Indian Overseas Bank, Elanji

Branch. The bank filed counter stating that the documents sought for by the

petitioner are not available. In these circumstances, the Court below rightly

dismissed I.A.No.1 of 2021. Interference is not warranted. The civil revision

petition is dismissed. No costs. Consequently, connected miscellaneous petition

is closed.

                                                                               03.09.2024
                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                ias



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                                                                    G.R.SWAMINATHAN, J.

                                                                                               ias

                To:

The Additional District Court (Fast Track Court), Tenkasi.

03.09.2024

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