1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.393 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 1.Kottaiyammal 2.Sangiliyappan .. Petitioners/Petitioners/Defendants 1 and 2 Vs. Kottaiyappan .. Respondent/Respondent/Plaintiff Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 29.11.2010 passed in Interlocutory Application No.1002 of 2010 in Original Suit No.602 of 2009 by the Additional District Munsif Court, Karur. For Petitioners : Mr.M.P.Senthil ORDER The impugned order dated 29.11.2010 passed in Interlocutory Application No.1002 of 2010 in Original Suit No.602 of 2009 by the Additional District Munsif Court, Karur is being challenged in the present Civil Revision Petition. 2. The respondent herein as plaintiff has instituted Original Suit No.602 of 2009 on the file of the Court below for the relief of permanent injunction. During pendency of the same, the petition in question has been filed in Interlocutory Application No.1002 of 2010 under Rule 76 of the Civil Rules of Practice so as to issue summons to the Tahsildar, Karur to produce the documents mentioned therein. The Court below has dismissed the same. Against the dismissal order passed by the Court below, the present petition has been filed. 3. Considering the nature of the order passed by the Court below, notice need not be sent to the respondent and the present Civil Revision Petition is disposed of on merits at the stage of admission. 4. It is an admitted fact that Original Suit No.602 of 2009 has been instituted for the relief of permanent injunction in respect of Survey No.269/B7 admeasuring 1 acre 25 cents of land. The present petition has been filed so as to produce patta as well as patta proceedings by the Tahsildar, Karur. Considering the fact that the present suit has been instituted in respect of Survey Number mentioned therein and also considering that the revision petitioners can very well obtain copy of chitta so as to establish their right, it is needless to say that the present petition is totally unwarranted and the Court below after considering the nature of the relief sought for in the present petition has rightly dismissed the same. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In view of the discussion made earlier, this Court has not found any error in the order passed by the Court below and altogether the present Civil Revision Petition deserves to be dismissed. 6. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs at the stage of admission and the impugned order passed in Interlocutory Application No.1002 of 2010 in Original Suit No.602 of 2009 by the Additional District Munsif Court, Karur is confirmed. However the revision petitioners are at liberty to get certified copies of chitta with regard to suit Survey Number and produce the same in Original Suit No.602 of 2009. Consequently, connected Miscellaneous Petition is dismissed. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR smn To The Additional District Munsif, Karur. 1CC TO MR. M.P. SENTHIL, ADVOCATE, SR: 10766: DM:2011:MARCH:08: C.R.P(PD)(MD)No.393 of 2011 and M.P(MD)No.1 of 2011 01.03.2011 2P;3c:: https://hcservices.ecourts.gov.in/hcservices/