Citizens filed a Civil Revision Petition under Article 227 to set aside an order rejecting an application to summon a Tahsildar in a partition suit. uphold the trial court's view that revenue records are insufficient to decide title in partition suits.
Civil Revision Petition dismissed; fair and decreetal order of the trial court confirmed; no costs.
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.No.258 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.258 of 2023 and C.M.P.No.2104 of 2023
1.Mr.V.Radhakrishnan
2.Mrs.N.Suseela
3.V.Velumani
4.Pushpam
5.Poovathal ... Petitioners
Vs.
1.Mr.K.Duraisamy
2.Mrs.T.Backiyalakshmi
3.Mr.K.Gnanavel
4.Mrs.B.Poongodi
5.Mrs.R.Shanthi
6.Mrs.B.Nandhini
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C.R.P.No.258 of 2023
7.Mrs.Manipriya
8.Selvi B.Keerthana
9.Mrs.N.Ruckmani
10.Mr.N.Vivek
11.Mr.N.Mathi
12.Mr.N.Selvaraj
13.Mrs.N.Dhanalakshmi
14.Mrs.N.Thilagavathy ... Respondents
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 20.12.2022 made in I.A.No.06 of 2022 in O.S.No.36 of 2017 on the file of Sub Court, Mettupalayam.
For Petitioners : Mr.M.Guruprasad
O R D E R
The Civil Revision Petition has been filed against the fair and decreetal
order dated 20.12.2022 made in I.A.No.06 of 2022 in O.S.No.36 of 2017 on the file of Sub Court, Mettupalayam.
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C.R.P.No.258 of 2023
respondents 1 to 11 instituted a Suit in O.S.No.36 of 2017 for Partition.
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C.R.P.No.258 of 2023
liberty to establish their cases independently through documents and evidences. This being the factum, this Court do not find any infirmity in respect of the order passed by the trial Court, rejecting the Interlocutory Application filed by the revision petitioners/defendants.
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C.R.P.No.258 of 2023
I.A.No.06 of 2022 in O.S.No.36 of 2017 on the file of Sub Court, Mettupalayam stands confirmed and consequently, the Civil Revision Petition in C.R.P.No.258 of 2023 is dismissed. No costs. Connected miscellaneous petition is closed.
07.02.2023
kak Index : Yes Speaking order Neutral Citation : Yes
To The Judge, Sub-Court, Mettupalayam.
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C.R.P.No.258 of 2023
S.M.SUBRAMANIAM, J.
kak
C.R.P.No.258 of 2023
07.02.2023
Page 6 of 6
2 issues framed by the court
Whether the revision petition was maintainable under Article 227 of the Constitution regarding an interlocutory application to summon a Tahsildar.
Whether the trial court was correct in rejecting the application to summon a revenue official in a partition suit.
2 provisions across 1 enactments
V.Radhakrishnan and others
K.Duraisamy and others
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
