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2020 Supreme(Mad) 720

M.GOVINDARAJ
Rajini – Appellant
Versus
Ayyadurai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:M. Senthil Vaidvu, Advocate.

ORDER :

(Common Prayer: Civil Revision Petition Appeal filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 03.12.2019 made in I.A.Nos.02 and 03 of 2019 in O.S.No.198 of 2017 on the file of the Sub-Judge, Jayankondam.)

1. Inveighing the order dated 03.12.2019 passed by the Sub-Judge, Jayamkondam dismissing the petitions to reopen the case and call the Tahsildar as defendant side witness with a direction to produce the copy of Chitta, Adangal and other relevant document in respect of the suit property, the petitioners have preferred the above revisions.

2. According to the petitioners, the Trial Court erred in not affording an opportunity to let in evidence through witness and to establish the fact that suit property is classified as Natham and the pathway has been used by the petitioners and their predecessors for more than 100 years to reach the property. According to the petitioners, the Hon’ble Supreme Court in 2011 (11) SCC 275, K.K. Velusamy vs. N. Palanisamy and 2009 (4) SCC 410, Vadiraj Nagappa Verneka vs. Sharad Chand Prabhakar Gogate has held that for the purpose of doing substantial justice, the inherent power under Sec.15

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