Alagarakkal vs Kandhavel - 2023 Supreme(Mad) 2721

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2721

K. GOVINDARAJAN THILAKAVADI
Alagarakkal – Appellant
Versus
Kandhavel – Respondent

Advocates appeared:
For the Petitioner:J. Barathan, Advocate. For the Respondent:D. Senthil, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and executable order dated 10.011.2022 passed in the application in I.A.No.1 of 2022 in O.S.No.100 of 2019 on the file of the Subordinate Court, Mudukulathur.)

1. This civil revision petition is preferred as against the order passed in I.A.No.1 of 2022 in O.S.No.100 of 2019, dated 10.11.2022, by the learned Subordinate Judge, Mudukulathur.

2. According to the revision petitioner, the suit in O.S.No.100 of 2019 on the file of the Sub Court, Mudukulathur, was preferred by the respondent/plaintiff for the recovery of sum of Rs.4,61,867/- with interest at the rate of 12% per annum from the date of plaint till the date of realisation and for permanent injunction restraining the respondent/plaintiff from alienating and encumbering the suit property. During the pendency of the suit, the petitioner/first defendant filed an application in I.A.No.1 of 2022 under Section 45, 73 of Indian Evidence Act and Order 26 Rule 10-A of Code of Civil Procedure to send Ex.A1-Promissory Note, dated 01.08.2018, for comparing the signatures of the petitioner/first defendant in Ex.A2-sale deed, date

Click Here to Read the rest of this document