Karuppayammal & Others v. Arulmighu Mariamman Temple, Veerappanchatram
2007-06-18
M.CHOCKALINGAM
body2007
DigiLaw.ai
Judgment :- Challenge is made against the order of the Principal District Munsif, Erode in dismissing the application to send for certain documents from the HR & CE Department and other authorities. 2. Heard the learned counsel on either side. 3. It was a suit filed for mandatory injunction filed by the opposite party viz., the respondent herein in O.S.No.455 of 1992. After a decree was passed, an E.P.No.81 of 2005 was filed for executing the decree. While the matter was pending, E.A.No.463 of 2005 was filed under Section 47 of the CPC alleging that the plaintiff was not a trustee during the relevant period and the decree itself was not enforceable and as such, the Execution Petition could not be executed. Pending the same, instant application in E.A.No.103 of 2006 is filed to send for certain documents mentioned therein. The said application was dismissed by the lower court. Aggrieved petitioners/ defendants have preferred the above Civil Revision Petition. 4.The only contention of the learned counsel for the petitioners is that the documents which is sought to be send for are very essential documents to prove that the respondent could not execute the decree. Apart from that, in order to substantiate his case in application under Section 47 of the CPC, these documents should have been sent for, or otherwise, the authority could be summoned to produce the documents before the Court and thus, the above petition has got to be allowed. 5. Heard the learned counsel for the respondent on the above contention. 6. After considering the submissions made by the learned counsel on either side, the Court is of the considered opinion that the above petition requires the order of dismissal. Pending execution in E.P.No.81 of 2005, pursuant to decree passed in a suit for mandatory injunction in O.S.No.455 of 1992, the application of the petitioners/ defendants under Section 47 of CPC alleging certain grounds that the decree obtained in the suit by the respondent/ the plaintiff, remained unenforceable is not acceptable. While the said application was pending, instant application is filed for calling for certain documents from the different Department. It is stated that certified copies can be obtained from the respective departments in respect of documents which are sought to be sent for and it may produced before the Court for doing enquiry.
While the said application was pending, instant application is filed for calling for certain documents from the different Department. It is stated that certified copies can be obtained from the respective departments in respect of documents which are sought to be sent for and it may produced before the Court for doing enquiry. There is no impediment for the petitioners to apply for certified copies of the documents for production of the same before the Court for enquiry. 7. In such circumstances, it would clearly indicate the fact that the instant application and the application under Section 47 CPC were filed only to prolong the litigation. The court is unable to see any infirmity or illegality in the order passed by the lower court. The Civil Revision petition is dismissed. No costs. Consequently, connected MP is also dismissed. 8. The above order would not stand in the way of the petitioners for making an application before the concerned Department for getting certified copies and to produce the same before the Court below at the time of enquiry of the application in question.