K.P.Jagannathan vs V.C.K.Panchatcharam
2021 Latest Caselaw 11239 Mad

                                                            1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 30.04.2021

                                                         Coram

                                      The Hon'ble Mr. Justice C.V.KARTHIKEYAN

                                          C.R.P. (PD) Nos.1040 & 1041 of 2021
                                                          and
                                                 C.M.P.No.8308 of 2021


                     K.P.Jagannathan                            ..Petitioner/Petitioner/Plaintiff
                                                                        (in both the CRPs.)
                                                           Vs

                     1.V.C.K.Panchatcharam
                     2V.C.K.P.Mohankumar
                     3.V.C.K.P.Gopi
                     4.V.C.K.P.Iyappan
                                                          ..Respondents/Respondents/Defendants
                                                                    (in both the CRPs.)

                               Civil Revision Petition filed under Article 227 of the Constitution
                     of India to set aside the fair and decreetal order dated 24.02.2021 passed
                     in I.A.Nos.1 & 2 of 2020 in O.S.No.59 of 2014 on the file of the District
                     Munsif Court, Tirutani, Tiruvallur District.


                                      For Petitioner            ..    Mr.V.Regunathan

                                      For Respondents           ..    No appearance




https://www.mhc.tn.gov.in/judis/
                                                             2

                                                        ORDER

The revision petitioner herein is the plaintiff in O.S.No.59 of 2014

which is now pending on the file of the District Munsif Court, Tirutani.

2.These Civil Revision Petitions have been filed by the petitioner

herein questioning the order in I.A.Nos.1 and 2 of 2020 dated

24.02.2021. The said applications have been filed seeking to reopen the

evidence and to recall DW-1 for cross-examination.

3.The learned District Munsif had taken into consideration all the

averments made in the applications and observed that, after the filing of

the written statement, the suit was listed in the year 2016 and the

petitioner herein had examined as witnesses PW-1 to PW-4 and the

evidence was closed in the year 2016. Thereafter, the defendants had

examined DW-1 and when the suit was posted for arguments, the present

revision petitioner had filed an application to amend the plaint. That

application was dismissed and again the suit was posted for arguments.

Thereafter, again, application had been filed to examine as witnesses the

mediators.

https://www.mhc.tn.gov.in/judis/

4.The learned District Munsif had observed that there was no

allegation that mediation ever took place. That application was

dismissed.

5.Thereafter, the petitioner wanted to examine one Desigan who

had been allotted B schedule property, and who had died on 01.05.2012.

That fact of death was also suppressed before the Court. That petition

was also dismissed.

6.I am informed that the suit in O.S.No.59 of 2014 is posted for

judgment today. Let the learned District Munsif, Tirutani, deliver

judgment in accordance with the schedule maintained by the said Court.

7.These Civil Revision Petitions are dismissed. No order as to

costs. Consequently, the connected Civil Miscellaneous Petition is

closed.

30.04.2021 Internet:Yes/No Index:Yes/No smv

To The District Munsif Court, Tirutani.

https://www.mhc.tn.gov.in/judis/

C.V.KARTHIKEYAN,J.

smv

C.R.P. (PD) Nos.1040 & 1041 of 2021

30.04.2021

https://www.mhc.tn.gov.in/judis/