Jesuraj@ Anbarasan, v. Francis Bastiyan
Case brief
What is this about?
This civil revision under Article 226 challenged an order allowing verification of sale deeds via expert opinion. The High Court found the application reasonable to determine document genuineness and dismissed the revision.
What did the court decide?
Reversed
What the court decided
A compact analysis
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.
C.R.P.(MD)No.2663 of 2018(PD)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 30.06.2021 Delivered On : 09.07.2021 CORAM
THE HONOURABLE Mrs. JUSTICE R.THARANI C.R.P (NPD)(MD) No.2663 of 2018 and
C.M.P(MD) No.11679 of 2018 Jesuraj@Anbarasan ... Petitioner/1st Respondent/1st Defendant -Vs-
1.Francis Bastiyan ...1st Respondent/Petitioner/Plaintiff 2.Rajasekaran 3.Anthonisamy 4.Amili ...2 to 4 Respondents/2 to 4 Respondents/2 to 4 Defendants
Prayer : This Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the I.A.No.1348 of 2017 in O.S.No.221 of 2016 on the file of the District Munsif, Melur dated 31.07.2018. For Petitioner : Mr.C.Vakeeswaran For 1st Respondent : Mr.J.Anand kumar For Respondents 2 and 4 : No Appearance For 3rd Respondent : Exparte (vide E.B.)
ORDER
This Civil Revision Petition is filed against the order in I.A.No.1348 of 2017 in O.S.No.221 of 2016 dated 31.07.2018, on the file of the District Munsif, Melur.
2.The petitioner herein is the first defendant, the first respondent herein is the plaintiff and the respondents 2 and 4 herein are the defendants 2 to 4 in the suit. The first respondent herein has filed a suit in O.S.No.221 of 2016 against the defendants on the file of the District Munsif, Melur. The plaintiff filed the petition in I.A.No.1348 of 2017 to sent the document for expert opinion.
Issues for consideration
2 issues framed by the court
Whether to interfere with the trial court's order allowing the plaintiff to send documents for handwriting and thumb impression verification.
Whether the plaintiff's application for expert opinion is maintainable in a suit for permanent injunction where documentation is denied.
Parties & counsel
- petitioner
Jesuraj@Anbarasan
- respondent
Francis Bastiyan
- respondent
Rajasekaran
- respondent
Anthonisamy
Coram
Case details
As recorded by the court registry
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