Madras High Court
Kaliapillai vs Periyannan on 29 October, 2021
C.R.P. (PD) Nos.2020 and 2021 of 2021
and C.M.P. No.15316 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (PD) Nos.2020 and 2021 of 2021
and C.M.P. No.15316 of 2021
Kaliapillai ... Petitioner /
Plaintiff
[in both C.R.Ps]
versus
Periyannan ... Respondent /
Defendant
[in both C.R.Ps]
COMMON PRAYER: Civil Revision Petitions have been filed under
Article 227 of Constitution of India, to set aside the fair and decretal orders
dated 01.04.2021 made in I.A.Nos.150 and 151 of 2021 respectively in
O.S.No.227 of 2012 on the file of the District Munsif Court, Sankarapuram
and to allow the said I.As.
For Petitioner : Mr.V.Ayyapparaja
[in both C.R.Ps]
For Respondent : No Appearance
[in both C.R.Ps]
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C.R.P. (PD) Nos.2020 and 2021 of 2021
and C.M.P. No.15316 of 2021
COMMON ORDER
These Civil Revision Petitions are filed, challenging the orders
dated 01.04.2021 passed by the learned District Munsif, Sankarapuram in
I.A.Nos.150 and 151 of 2021 in O.S.No.227 of 2012.
2. The learned counsel for the petitioner submitted that, the
petitioner filed the suit against the respondent for the relief of permanent
injunction in respect of the suit property. Petitioner's and the respondent's
evidence was over. Petitioner wanted to reopen the case and recall D.W.1
for further cross examination. The reason is that, petitioner has to ask certain
questions to D.W.1 with regard to certain documents. However, both the
applications were dismissed. Against the said dismissal orders, these Civil
Revision Petitions are preferred.
3. The respondent was served in these petitions and name is
also printed in the cause list. No one appears for the respondent. The scope
of these petitions is very limited and therefore, this Court proceeds further to
pass orders in these petitions.
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C.R.P. (PD) Nos.2020 and 2021 of 2021
and C.M.P. No.15316 of 2021
4. It is seen from the orders of the learned District Munsif
that, the examination of the witnesses in the case, was over and the case was
posted for arguments on 05.02.2021. It appears that, on 05.02.2021, both the
parties have not come forward for advancing the arguments. Therefore, the
Court gave opportunity for filing written arguments or advance arguments
and posted the case for judgment on 15.02.2021. These petitions were
dismissed on the other reasons that, no specific reasons were given for
reopening the case and recalling D.W.1. It is also made clear in the order
that, D.W.1 was extensively cross examined by the petitioner. The reading
of the affidavit filed in support of these petitions shows that, absolutely no
reason given except saying that, the petitioner wanted to ask D.W.1 about
certain documents. When the evidence was completed and when the matter
was pending for arguments, filing of these petitions, cannot be appreciated.
However, with a view to give an opportunity to the petitioner before the trial
Court for projecting his case, this Court is of the considered view that, the
petitioner shall be given an opportunity to reopen the case and recall D.W.1
for further cross examination, subject to the payment of costs of Rs.5,000/-
[Rupees Five Thousand only] to the respondent. Only on payment of
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C.R.P. (PD) Nos.2020 and 2021 of 2021
and C.M.P. No.15316 of 2021
Rs.5,000/-, the petitioner may be permitted to further cross examine D.W.1.
On such payment, the learned District Munsif, is directed to fix a date for
the cross examination of D.W.1 and on that date, his cross examination shall
be completed. The learned District Munsif, is further directed to dispose of
the suit as expeditiously as possible, preferably, within a period of two
months from the date of receipt of a copy of this order.
5. With these observations, these Civil Revision Petitions
are disposed of. Consequently, connected Miscellaneous Petition is closed.
29.10.2021
Speaking order / Non-speaking order
Index : Yes / No
sri
To
The District Munsif, Sankarapuram.
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https://www.mhc.tn.gov.in/judis
C.R.P. (PD) Nos.2020 and 2021 of 2021
and C.M.P. No.15316 of 2021
G.CHANDRASEKHARAN, J.
sri
C.R.P. (PD) Nos.2020 and 2021 of 2021
and C.M.P. No.15316 of 2021
29.10.2021
https://www.mhc.tn.gov.in/judis
