LAWS(MAD)-2005-9-159

A ANAND Vs. A PERUMALSAMY

Decided On September 22, 2005
A.ANAND Appellant
V/S
A.PERUMALSAMY Respondents

JUDGEMENT

(1.) C.R.P.No.148 of 2004 is preferred against the Order dated 16.10.2003 of the District Munsif cum Judicial Magistrate, Aundipatti in I.A.No.193 of 2003 in O.S.No.70 of 1996, dismissing the Application filed under Or.XIII R.10(1) and (2) C.P.C read with Rule 74(1) and (2) of Civil Rules of Practice declining to send for the documents pertaining to M.C.No.6 of 1991 said to be available in Criminal Appeal No.346 of 2001 on the file of Madurai Bench of Madras High Court, Madurai.

(2.) C.R.P.No.441 of 2005:- This Revision Petition arises out of the order dated 06.04.2005 of the District Munsif cum Judicial Magistrate, Aundipatti in I.A.No.82 of 2005 in O.S.No.70 of 1996, dismissing the Application under Section 151 C.P.C filed by the Revision Petitioners / Defendants seeking permission of the Court to mark the deposition of the witnesses in M.C.No.6 of 1991.

(3.) AS against the order passed by the Executive Magistrate in M.C.NO.6 of 1991, the Plaintiffs have preferred Crl.R.C.No.510 of 1993. Both in M.C.No.6 of 1991 and in the Criminal Revision Proceedings, the Plaintiffs have denied the genuineness of the alleged Surrender Deed dated 16.06.1991. Confirming the order of the Executive Magistrate Court in Crl.R.C.No.510 of 1993, the High Court has observed that "...if at all any grievance is available to the Revision Petitioners, it is always open to them to work out their remedy in a Court of law on the basis of Ex.P.1.(the alleged surrender deed dated 16.06.1991)....".