High CourtsSingle Bench(2016) 07 MAD CK 0017

K.P. Arumugam vs S. Amuthavalli

Madras High Court · Decided on 11 July 2016 · Citation: (2016) 3 MadWN(Civil) 71

HON’BLE JUDGES
C.T. Selvam, J.
RESULT
Disposed Off
CASE NUMBER
C.R.P.(PD) No. 1152 of 2016 and C.M.P. No. 6316 of 2016

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Judgment

5 paragraphs · 262 words

C.T. Selvam, J.—This Revision arises against the Order of learned Principal District Munsif, Bhavani, passed in I.A. No. 1133 of 2015 in O.S. No.344 of 2013 on 25.1.2016.

2.

First Respondent/Plaintiff has filed O.S. No. 344 of 2013 on the file of learned Principal District Munsif, Bhavani, seeking a declaration that the Settlement Deed executed by Defendants 1 to 8 in favour of Tenth Defendant dated 6.5.2013 is null and void and for other consequential reliefs. First Respondent/Plaintiff has moved I.A. No.1133 of 2015 in O.S. No.344 of 2013 seeking appointment of a Commissioner towards fixing boundary line. The Court below, under the impugned Order, has allowed such Application. There against, the present Revision has been filed.

3.

Heard learned Counsel for Petitioner and learned Counsel for first Respondent.

4.

This Court finds substance in the submission of learned Counsel for Petitioner that the Order under challenge is not supported by reasons. All that the Court below stated is that the Order has been passed ''after careful consideration''. To state that the Order is passed after careful consideration, does not amount to informing reasons for its decision.

The Civil Revision Petition shall stand allowed. The Order of learned Principal District Munsif, Bhavani, passed in I.A. No.1133 of 2015 in O.S. No.344 of 2013 on 25.1.2016, shall stand set aside. The Court below is directed to pass Orders on merits informing reasons for its decision. The Court below shall pass a reasoned Order without in any manner being influenced by the observations herein above made. No costs. Consequently, connected Miscellaneous Petition is closed.