Madras High Court

CRP/6633/2026 of Shamshad Begam Vs S. Musthafa on 15 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

Civil Revision Petition No.6633 of 2026

and

C.M.P.No.28528 of 2026

CNR: {HCMA012435572026}

1. Shamshad Begam

W/o.Basheerappa

Jayalskhmi @ Jayalakshmanamma (Died) (D2)

2. Manjunath

S/o.Ramappa

3. Chandrasekar

S/o.Ramappa

Rajasekar (Died) (D6)

..Petitioners

Vs

S.Musthafa

S/o.Jaffer Saheb

..Respondent

Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 28.08.2026 passed in I.A.No.4 of 2025

in O.S.No.420 of 2007 on the file of the Court of the District Munsif cum Judicial Magistrate I, Hosur.

For Petitioners :

Mr.C.Parthiban

*****

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ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order passed in I.A.No.4 of 2025 in O.S.No.420 of 2007 on the file of District Munsif cum Judicial Magistrate I, Hosur, dated 28.08.2026, wherein the application filed by the petitioners/defendants 1, 2, 4 to 6 under Order XIII Rule 10 CPC to call for the original records in R.E.A.No.10 of 2013 in R.E.A.No.47 of 2009 in R.E.P.No.22 of 2009 in O.S.No.269 of 2004, came to be rejected by the Court below.

2. Heard learned counsel for petitioners and carefully perused the materials available on record. This Court also went through the impugned order.

3. The respondent is the plaintiff, who filed the suit in O.S.No.420 of 2007 seeking for the relief of permanent injunction. The petitioners/defendants 1, 2, 4 to 6 filed the application in I.A.No.4 of 2025 in O.S.No.420 of 2007 to call for the records in the execution proceedings. This application came to be dismissed by the Court below mainly on the ground that the petitioners/defendants 1, 2, 4 to 6 could have obtained certified copies of the documents sought for in the execution proceedings and under Rule 76 of the Civil Rules of Practice, the petitioners/defendants 1, 2, 4 to 6 should have applied for certified copies of the documents, which are sought to be called for and to establish that the concerned authority has not issued the certified copy of the documents. This mandate has not been satisfied by the petitioners/defendants 1, 2, 4 to 6 in this regard. Hence, the Court below dismissed the application. This order passed by the Court below does not suffer from any perversity warranting interference of this Court. Accordingly, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The District Munsif cum Judicial Magistrate I, Hosur.

N.ANAND VENKATESH, J. gm Civil Revision Petition No.6633 of 2026 15-10-2026

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