This court dismissed a civil revision petition challenging an order denying expert opinion on a lease deed's signature due to over 15 years of inaction. The court directed disposal of the underlying suit.
The civil revision petition was dismissed. The trial court is directed to dispose of the suit within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP.PD.No.2552 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No.2552 of 2007
and
CMP.No.1 of 2007
S.Somasundaram ..Petitioner
Vs.
A/M.Ellamai Akkirnar Temple
Chidambaram: Rep. by its Hereditary
Trustee, Pazhaniappa Chettiar,
No.11, Ellamai Akkinar Temple Street,
Chidambaram ..Respondent
PRAYER:
The Civil Revision Petition is filed under Article 227 of the
Constitution of India against order and decretal order dated
16.02.2007 made in IA.No.327 of 2006 in OS.No.64 of 2003 on the
file of the Additional District Munsif Court at Chidambaram.
For Petitioner : Mr.Srinath Sridevan
For Respondent : No Appearance
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CRP.PD.No.2552 of 2007
ORDER
This civil revision petition is filed against order and decretal
order dated 16.02.2007 made in IA.No.327 of 2006 in OS.No.64 of 2003 on the file of the Additional District Munsif Court at Chidambaram thereby dismissing the petition for seeking expert opinion on the lease deed dated 01.07.1979.
years did not take any step to issue notice to the respondent herein. However,
on perusal of the records, the lease deed executed by the petitioner's father, now he cannot deny the signature of his father as forged one. Further the lease
deed is dated 01.07.1979 and it has to be compared with the admitted signature. Therefore, the trial court rightly dismissed the petition and this Court finds no irregularity or infirmity in the order passed by the court below.
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CRP.PD.No.2552 of 2007
04.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lok
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CRP.PD.No.2552 of 2007
G.K.ILANTHIRAIYAN,J.
lok
To
The Additional District Munsif Court at Chidambaram.
CRP.PD.No.2552 of 2007
04.02.2021
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2 issues framed by the court
Whether to interfere with the lower court's order dismissing a petition to obtain expert opinion on the signature in a lease deed.
Whether the non-speaking order of the lower court warrants interference in a civil revision petition.
1 provisions across 1 enactments
S.Somasundaram
A/M.Ellamai Akkirnar Temple Rep. by its Hereditary Trustee Pazhaniappa Chettiar
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
