Madras High Court
K.P.Munusamy vs K.P.Mani on 12 April, 2019
Author: C.Saravanan
Bench: C.Saravanan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2019
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P(PD).No.1777 of 2014
and
M.P.No.1 of 2014
K.P.Munusamy ... Petitioner
Vs
K.P.Mani .... Respondent
Prayer: Civil Revision Petition has been filed under Article 227 of
Constitution of India, to set aside the order passed in I.A.No.671 of 2012 in
O.S.No.10 of 2011 on the file of the District Munsif Court, Thiruvallur
dated 26.11.2013.
For Petitioner : Mr.K.Balaji
For Respondent : Mr.A.R.Suresh
ORDER
The petitioner has filed the present civil revision petition against the order passed in I.A.No.671 of 2012 in O.S.No.10 of 2011 dated 26.11.2013 on the file of the District Munsif Court, Thiruvallur. http://www.judis.nic.in 2
2. By the impugned order dated 26.11.2013, the District Munsif Court, Thiruvallur has dismissed the above I.A.No.671 of 2012.
3. The petitioner had filed an interlocutory application in I.A.No.671 of 2012, to appoint an Advocate Commissioner to send the alleged Agreement of Sale dated 27.01.1999 and Sale Letter dated 19.11.2002 along with General Power of Attorney dated 11.12.2009, vakalath and written statement for comparison of signature by an expert for the Tamilnadu Forensic Lab, Kamarajar Salai, Chennai – 5 and get a detailed report.
4. In the interlocutory application, the petitioner had applied for comparing with the signature in General Power of Attorney dated 11.12.2009 which has been rejected by the Court below.
5. The petitioner has now filed another admitted signature of the petitioner which he was able to procure under RTI Act (the Right to Information Act, 2005) on 30.11.2013 for comparison. He has enclosed the same in the typed set which bears the signature of the petitioner in document No.147 of 1999 dated 18.02.1999 and is enclosed at page no.44 of the typeset. This signature appears to be contemporaneous with the signature found in the two documents of the petitioner which the petitioner had sought for hand writing expert opinion. http://www.judis.nic.in 3
6. Consequently, I am of the view that ends of justice will be met if the present Civil Revision Petition is allowed with a direction to send the original of the Agreement of Sale dated 27.01.1999 and Sale Letter dated 19.11.2002 for comparison with the admitted documents procured by the petitioner under RTI Act. A photo copy of the said document enclosed as a part of this order.
7. The petitioner shall produce the originals received under RTI Act before the Court. The District Munsif Court shall send the documents to an expert for the Tamilnadu Forensic Lab, Kamarajar Salai, Chennai-5 and get a detailed report. On receipt of the report, the District Munsif Court shall endeavour to complete the trial and pass judgment and decree within a period of six months from the date of receipt of a copy of this order. Consequently, the above Civil Revision Petition stands allowed. No costs. The connected Miscellaneous Petition is also closed.
12.04.2019 arb Index: Yes/ No Internet : Yes/No C.SARAVANAN.,J.
http://www.judis.nic.in 4 arb To District Munsif Court, Thiruvallur C.R.P(PD).No.1777 of 2014 and M.P.No.1 of 2014 12.04.2019 http://www.judis.nic.in