Madras High Court

CRP/6438/2026 of G.Chandran Vs M.Suresh Kumar Kankariya on 8 October 2026

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CRP No. 6438 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 6438 of 2026

and CMP No. 27683 of 2026

CNR: {HCMA012271602026}

G.Chandran

S/o. Govindaraja Gounder,

No.13, Pillaiyar Kovil Street,

Navalpur,

Ranipet,

Walaja Taluk

Ranipet District

..Petitioner(s)

Vs

1. M.Suresh Kumar Kankariya

S/o. T.Mohanlal Kankariya,

No.97, Anna Pillai Street,

Yanaigowni,

Sowcarpet,

Chennai-600 079

2. G Ravi

S/o. T.Govindaraja Gounder,

Residing at No.13, Pillaiyar Kovil Street, Navalpur, Ranipet, Walaja Taluk, Ranipet District

3. G Sivakumar

S/o.T.Govindaraja Gounder,

Residing at No.13, Pillaiyar Kovil Street, Navalpur, Ranipet, Walaja Taluk, Ranipet District

4. E Prema

W/o. Elumalai,

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CRP No. 6438 of 2026

Residing at No.13, Pillaiyar Kovil Street, Navalpur, Ranipet, Walaja Taluk, Ranipet District

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 20.07.2026 made in

I.A.No.5/2026 in O.S.No.34/2023 on the file of the I Additional District Judge, Ranipet District.

For Petitioner(s):

Mr.V.Elangovan

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ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 20.07.2026 made in I.A.No.5/2026 in O.S.No.34/2023 on the file of the I Additional District Judge, Ranipet District, wherein the application filed by the petitioner and three others under Order XIII Rule 10 of C.P.C., to call for the entire original records in O.S.No.137 of 1987, EP No.39 of 1990 and E.P.No.80 of 1992, came to be rejected by the Court below.

2. Heard the learned counsel for the petitioner and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

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CRP No. 6438 of 2026

3. The 1st respondent is the plaintiff who filed the suit in O.S.No.34 of 2023, seeking for the relief of declaration to declare that the decree passed in O.S.No.31 of 2015 as null and void and to declare that the plaintiff is the absolute owner of the ‘B’ Schedule property and for recovery of possession and for permanent injunction.

4. During the pendency of the above suit, the petitioner and three other defendants filed I.A.No.5 of 2026 under Order XIII Rule 10 of C.P.C., to send for the entire original records pertaining to O.S.No.137 of 1987, EP No.39 of 1990 and E.P.No.80 of 1992. The Court below found that the petitioner himself had made an averment in the affidavit that the original records were missing in the Execution Court and that apart, they were unable to secure the certified copy of the relevant documents. Therefore, the Court below dismissed the application on the ground that the present application cannot be maintained. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.

5. In the considered view of this Court, the burden of proof is upon the 1st respondent/plaintiff to prove the case to substantiate the relief sought for. It is not known as to why the defendants are taking efforts by calling for the original records when the onus of proof is upon the plaintiff.

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CRP No. 6438 of 2026

6. As rightly held by the Court below, if any documents are to be relied upon, it is always left open to the parties to apply for certified copies and mark the same before the Court. Apart from that, even according to the petitioner the original records in the Execution Court are not available, since the records have been transferred to the file of the District Munsif-cum-Judicial Magistrate, Ranipet. Therefore, as held by the Court below, it is always left open to the petitioner and others to apply for the certified copies of the required documents and mark the same before the Court below. Except giving this clarity, no further orders can be passed in this Civil Revision Petition.

7. In view of the above discussion, the order dated 20.07.2026 made in I.A.No.5/2026 in O.S.No.34/2023 on the file of the I Additional District Judge, Ranipet District, is sustained.

8. In the result, this Civil Revision Petition stands dismissed. No Costs. Consequently, the connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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CRP No. 6438 of 2026

To The I Additional District Judge, Ranipet District.

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CRP No. 6438 of 2026

N.ANAND VENKATESH, J. SSR CRP No. 6438 of 2026 08-10-2026

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