Civil Revision filed challenging the rejection of examination of 50 members. Court set aside impugned order and permitted plaintiff to examine three independent witnesses.
Docket order dated 14.6.2017 set aside; petitioner permitted to examine three independent witnesses on the side of plaintiff Sangam.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.2.2018
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
C.R.P.(PD) No.2714 of 2017 and C.M.P.No.2035 of 2018
Sathiya Sai Nagar Kudiyiruppor
Nala Sangam rep. by its
President ... Petitioner/Plaintiff
Vs
1 The State of Tamilnadu
Rep. by The Collector,
Cuddalore District.
2 The Tahsildar,
Cuddalore,
Cuddalore District.
3 The Commissioner,
Hindu Religious & Charitable
Endowment Board,
Nungambakkam, Chennai.
4 Arulmighu Devanathaswami
Thirukkoil rep. by its Executive Officer,
Thiruvahindrapuram ... Respondents/Defendants
This Civil Revision Petition is filed under section 227 of Constitution of India against the order dated 14.06.2017 made in O.S.No.165 of 2012 on the file of the Principal District Munsif, Cuddalore.
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For Petitioner : Mr.D.Baskar For Respondents 1 to 3 : No appearance For Respondent No.4 : Mr.K.Ashok kumar *****
O R D E R
According to the revision petitioner, the petitioner has filed a suit
in O.S.No.165 of 2012 for declaration against the respondents/defendants.
Learned counsel for the petitioner submits that the court below has passed an order rejecting the examination of all the 50 members of the plaintiff Sangam. Challenging the said order, the plaintiff has preferred the present Civil revision
petition before this Court.
2 At the time of admission, learned counsel for the petitioner has
submitted that it would be suffice if the plaintiff Sangam is permitted to examine three independent witnesses as plaintiff's witnesses.
3 The learned counsel for the 4th respondent submits that 4th
respondent has no objection for allowing three independent witnesses being examined as plaintiff's witnesses.
4 In the light of the above submission made by the counsel for
the parties, docket order, dated 14.6.2017 is set aside with direction that the
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petitioner is permitted to examine three independent witnesses on the side of
the plaintiff Sangam.
The Civil revision petition is disposed of with the above
directions. No costs. Connected miscellaneous petition is closed.
16 .02.2018
Speaking/Non Speaking Order
Index: Yes/No
vaan
To
The Principal District Munsif, Cuddalore.
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D.KRISHNAKUMAR,J. vaan
C.R.P.(PD) No.2714 of 2017
and C.M.P.No.2035 of 2018
Dated: 16.2.2018
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1 issue framed by the court
Whether the appellant Sangam is permitted to examine three independent witnesses after the docket order rejecting 50 members was set aside.
Sathiya Sai Nagar Kudiyiruppor Nala Sangam rep. by its President
The State of Tamilnadu Rep. by The Collector, Cuddalore District.
The Tahsildar, Cuddalore, Cuddalore District.
The Commissioner, Hindu Religious & Charitable Endowment Board, Nungambakkam, Chennai.
Arulmighu Devanathaswami Thirukkoil rep. by its Executive Officer, Thiruvahindrapuram
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
