The High Court dismissed a civil revision petition challenging the lower court's refusal to set aside a partition deed on grounds of non-stamping and non-registration, holding such questions require final adjudication.
Civil Revision Petition dismissed; no costs; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Civil Revision Petition (PD) No.1736 of 2016 and C.M.P.No.9215 of 2016
Subramanian
S/o.Arumugha Chettiar
... Petitioner
vs
1.Muthukumaran
2.Santhanakrishnan
... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned District Munsif cum Judicial Magistrate, Vanur, passed in I.A.No.569 of 2014 in O.S.No.118 of 2007 on 29.04.2014.
For Petitioner : Mr.N.Subramani *****
O R D E R
This revision arises against the order of learned District Munsif cum
Judicial Magistrate, Vanur, passed in I.A.No.569 of 2014 in O.S.No.118 of 2007 on 29.04.2014.
the file of District Munsif, Vanur, seeking declaration of title and injunction.
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Petitioner/second defendant has moved I.A.No.569 of 2014 in O.S.No.118 of
2007 to eschew the partition deed marked as Ex.A1 on the ground that the same has neither been stamped nor registered. The Court below, under the impugned order, has dismissed such application. Hence, this revision.
The Civil Revision Petition, accordingly, is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
20.06.2016
Index:yes/no Internet:yes gm
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To
The District Munsif cum Judicial Magistrate, Vanur.
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C.T.SELVAM, J
gm
Civil Revision Petition (PD) No.1736 of 2016
20.06.2016
1 issue framed by the court
Whether the High Court can interfere with the dismissal of an application challenging the enforceability of an unstamped and unregistered partition deed at the preliminary stage of a suit.
Colour shows how this judgement treated each authority
Kaliya Perumal v. DhandapaniRelied on¶25
Kaliya Perumal v. Dhandapani [2010 (2) CTC 689]
1 provisions across 1 enactments
Subramanian
1. Muthukumaran
2. Santhanakrishnan
C.T. Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.T. Selvam
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