V PANDI Vs. M THYAGARAJAN

JUDGEMENT

(1.) WHILE C.R.P.PD.Nos.2317,2318 and 2319 of 2012 are filed against the orders of the Principal District Judge, Coimbatore, dated 27.02.2012, passed in I.A.Nos.2414 of 2011,113 and 208 of 2012 respectively in O.S.No.615 of 2010, rejecting the prayer of the petitioners to direct the Official Receiver to take possession of the suit trade union's properties situated at Udumalpet and Tiruppur, and to adjourn the suits till the Official Receiver takes possession of the entire properties of the suit Sangam, C.R.P.PD.No.2320 of 2012 is filed against the order of even date passed in I.A.No.209 of 2012 in O.S.No.228 of 2010 on the file of the same Court, in and by which the prayer to send the documents, namely, the election notice Ex.B-45, along with the documents which are marked as Exs.A1,A2,A5,A16,A21,A24 to A26,B2,B10 to B27, B31,B40,B41 and the admitted signatures of Duraisamy, 2nd plaintiff-PW1, contained in the vakalath, written statement, additional written statement, affidavit, deposition of P.W.1 in O.S.No.228 of 2010 and affidavits in I.As.565 of 2010,556 of 2010 and 567 of 2010, to the signature expert for comparison with the signature in Ex.B45 and to report, was rejected.

(2.) THE case of the petitioners, who are the plaintiffs in O.S.No.615 of 2010 and defendants in O.S.No.228 of 2010, is that though there was direction by this Court in C.M.A.Nos.1308 and 1309 of 2010 to the Official Receiver to take possession of the suit properties, some of the properties are yet to be taken possession of. Hence, they filed the applications in I.A.Nos.2414 of 2011 and 113 of 2012 under Section 151 CPC and I.A.No.208 of 2012 under Order 17 Rule 1 read with Section 151 CPC in addition to I.A.No.209 of 2012 under Section 73 of the Indian Evidence Act read with Section 151 CPC for the prayers as stated above.

(3.) PER contra, learned counsel for the respondents would submit that the orders passed by the trial Court are in accordance with law and no interference is called for with those orders. He would cite a decision of this Court reported in 2007 (5) MLJ 1417 in the case of J.Naval Kishore v. D.Swara Bhadran and Others, wherein it has been held as under :