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Pappathi v/s Sellammal (died) & Others

    C.R.P. (NPD) No687 of 2009 and M.P.No.1 of 2009

    Decided On, 25 March 2009

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE A.C. ARUMUGAPERUMAL ADITYAN

    For the Petitioner: T. Dhanyakumar, Advocate. For the Respondents: -----



Judgment Text

(Civil Revision Petition is filed under Section 115 of CPC, against the order dated 6.2.2009 made in R.E.A.No.5 of 2008 in R.E.A.No.15 of 2008 in R.E.A.No.13 of 2008 in R.E.P.No.161 of 2004 in L.A.O.P.No.40 of 2002 on the file of the Princ

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pal District Judge, Namakkal.)Heard the learned counsel appearing for the revision petitioner. 2. According to the learned counsel appearing for the revision petitioner, the revision petitioner had filed R.E.A.No.5 of 2008 in R.E.A.No.15 of 2008 in R.E.A.No.13 of 2008 in R.E.P.No.161 of 2004 in L.A.O.P.No.40 of 2002 on the file of the Principal District Judge, Namakkal under Rule 74 and Section 151 CPC to send for original Will filed in I.A.No.120 of 2008 in O.S.No.75 of 2006 which is according to the learned counsel for the revision petitioner pending in Fast Track Court, Namakkal. The learned Principal District Judge, after giving due deliberations to the submissions made by the learned counsel on both sides and after going through the averments in the application as well as in the counter, had dismissed the said application which necessitated the petitioner to come forward with this revision before this Court. 3. Taking into consideration, the facts and circumstances of the case, I am of the view that if O.S.No.75 of 2006 along with the connected Interlocutory applications are transferred to the Principal District Court, Namakkal then it will not be difficult for the petitioner to mark the required documents which he had filed in I.A.No.120 of 2008 in O.S.No.75 of 2006, after filing necessary applications afresh.4. In fine, O.S.No.75 of 2006 along with connected I.A.s are ordered to be withdrawn from the file of Fast Track Court, Namakkal and to be transferred to the file of Principal District Judge, Namakkal for trial along with R.E.A.No.5 of 2008 in R.E.A.No.15 of 2008 in R.E.A.No.13 of 2008 in R.E.P.No.161 of 2004 in L.A.O.P.No.40 of 2002. On such transfer, it is open to the revision petitioner to file necessary application for required documents in O.S.No.75 of 2006 to be marked in R.E.A.No.5 of 2006 in R.E.A.No.15 of 2008 in R.E.A.No.13 of 2008 in R.E.P.No.161 of 2004 in L.A.O.P.No.40 of 20002. With the above observations, this revision petition is ordered to be admitted and disposed of. Consequently, connected M.P.No.1 of 2009 is closed.
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