R. DEVADASS Vs. R. GOVINDARAJAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order dtd. 17/3/2020 in I.A. No.4 of 2019 in O.S. No.726 of 2011 for dismissing the application in the said suit passed by the learned 1st Additional District and Sessions Judge, Coimbatore.

(2.) The petitioners 1 and 2 herein are the defendants 2 and 5 respectively while the 1st respondent is the plaintiff in the suit who has sought for relief to direct for division of the suit properties into 5 equal shares and allot one such share to the plaintiff/1st respondent herein by metes and bounds and to declare the settlement deed dtd. 7/9/2011, registered as Doc. No.5526 of 2011 at SRO, Ganapathy as null and void and binding the plaintiff by means of Declaratory Decree.

(3.) During the trial of the suit, the defendants/petitioners herein have filed I.A. No.4 of 2020 seeking the Court below to receive the Panchayat Muchalika dtd. 27/5/2008 listed as Document No.4 in the petition filed in I.A. No.3 of 2019 and to mark as an exhibit tentatively and the admissibility may be deferred at the stage of final disposal of the case. The Trial Court dismissed the aforesaid application holding that as Panchayat Muchalika dtd. 27/5/2008 being unregistered document cannot be taken into account even as collateral purpose. Being aggrieved by the aforesaid dismissal order, the present Civil Revision Petition has been filed by the petitioners.