Dismissed¶28

R. Ravi v. R. Perumal Raja

Madras HC25 Jul 2025CRP/2027/2023

Case brief

AI extract

What is this about?

Patta proof; Tahsildar summons application rejected; Article 227 civil revision petition; Madras High Court 25-07-2025; P.B. Balaji J.; OS.No.151 of 2012 permanent injunction suit, Vellore; I.A.No.262 of 2023 dismissed 13.04.2023; Deputy Tahsildar examined as P.W.4; court documents X1 and X2; respondent counter affidavit admitting patta; reopening evidence unnecessary; no interference with trial Court order; CRP dismissed, no costs; connected CMP closed; suit disposal expedited within two months.

What did the court decide?

No relief to the petitioner; CRP dismissed with no costs; connected miscellaneous petition (CMP No.12691 of 2023) closed; trial Court directed to expedite and dispose of suit OS.No.151 of 2012 within two months from receipt of a copy of the order. ¶28

R. Ravi Vs R. Perumal Raja — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Civil Revision Petition under Article 227 of the Constitution of India should be allowed and the trial Court's order dated 13.04.2023 in I.A.No.262 of 2023 in OS.No.151 of 2012 dismissing the plaintiff's application to examine the Tahsildar be set aside. +1 more

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Court's answer

Since the respondent does not deny that patta was issued to the petitioner (having admitted it in his counter affidavit in I.A.No.262 of 2023), there is no necessity for the petitioner to reopen the evidence to examine the Tahsildar, Vellore, to prove issuance of the patta; accordingly, no interference is warranted in the trial Court's order dismissing the application, and the Civil Revision Petition stands dismissed with no costs, the connected miscellaneous petition being closed.

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Ratio / Principle

As the suit is only for bare injunction, the trial Court is directed to expedite the hearing and dispose of the suit within a period of two months from the date of receipt of a copy of this order.

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Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of the Constitution of India (CRP No.2027 of 2023, decided 25-07-2025) by R. Ravi, plaintiff in OS.No.151 of 2012 (suit for permanent injunction before the Principal District Munsif Court, Vellore), challenging the dismissal dated 13.04.2023 of his application I.A.No.262 of 2023 to examine the Tahsildar to establish his patta. The Deputy Tahsildar had already been examined as P.W.4 and court documents X1 and X2 marked; the respondent's counter affidavit admitted issuance of the patta. P.B. Balaji J. held that, the respondent not denying issuance of patta, there was no necessity to reopen evidence to examine the Tahsildar, found no interference warranted in the trial Court's dismissing order, dismissed the CRP with no costs, closed connected CMP No.12691 of 2023, and directed the trial Court to expedite and dispose of the bare-injunction suit within two months from receipt of a copy of the order.

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CRP No. 2027 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25-07-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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CRP No. 2027 of 2023 AND CMP NO. 12691 OF 2023

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R. Ravi

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S/o. V. Rajamanickkam, No.B-18, Palayam Main Road, O. Rajapalayam Village, Odugathur Post, Vellore Taluk and District.

... Petitioner

R. Perumal Raja

S/o. Rama Raja, No. 16, Raja Street, O. Rajapalayam Village, Odugathur Post, Vellore Taluk and District.

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... Respondent

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PRAYER : Civil Revision Petition under Article 227 of the Constitution of India to set aside the Decree and Order passed in IA.No. 262 of 2023 in OS.No. 151 of 2012 order dt. 13.04.2023 on the file of the Honble Principal District Munsif Court, Vellore, Vellore Dist.

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For Petitioner : Mr.S.Nagarajan

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For Respondent : Mr D.Thirumoorthy

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ORDER

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https://www.mhc.tn.gov.in/judis

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CRP No. 2027 of 2023

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The plaintiff, aggrieved by the dismissal of his application to examine the Tahsilar pending the suit for permanent injunction, has come up with the present civil revision petition.

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Learned counsel for the petitioner would submit that the patta was issued by the Tahsildar, however only the Deputy Tahsildar has appeared before the Court to let in evidence and he is not the competent person to speak about the document and only his superior official viz., the Tahsildar. Learned counsel would therefore state that no prejudice would be caused if the Tahsildar is summoned in order to establish the petitioner's patta.

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However, the learned counsel for the respondent would submit that the Court has rightly dismissed the application since not only that the Deputy Tahsildar has been examined as P.W.4 in chief as well as cross and court documents X1 and X2 have also been marked. He would also invite my attention to the counter affidavit filed in I.A.No.262 of 2023 where the respondent has fairly admitted the issuance of patta and has stated that there is no necessity to examine the Tahsildar.

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In the light of the above and on going through the counter affidavit filed

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https://www.mhc.tn.gov.in/judis

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CRP No. 2027 of 2023

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by the respondent, I am satisfied that the respondent is not denying the factum of patta having been issued to the petitioner. In view of the same, there is no necessity for the petitioner to reopen the evidence for the purpose of examining the Tahsildar, Vellore to prove the issuance of patta. Recording the stand taken by the respondent that the patta issued by the Tahsildar has been admitted, no interference is warranted in the order passed by the trial Court dismissing the application. The Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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Both the learned counsel seek expeditious disposal of the suit. Considering that the suit is only for bare injunction, the trial Court is directed to expedite the hearing and dispose of the suit within a period of two months from the date of receipt of a copy of this order.

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25-07-2025

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KST Index:Yes/No Neutral Citation:Yes/No

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Principal District Munsif Court, Vellore, Vellore District.

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https://www.mhc.tn.gov.in/judis

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