Madras High Court
Illamathi Rathinavelu vs Mr.Ganesan (Decd) on 29 August, 2023
C.R.P.No.3103 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.Nos.3090, 3103, 3104, 3105, 3106 of 2023
and
C.M.P.No.19213 of 2023
Illamathi Rathinavelu ... Petitioner
Vs.
1. Mr.Ganesan (Decd)
2. Sabarimankandan @ Saravanan
3. A.Shanmugavalli ... Respondents
Prayer in C.R.P.No.3090 of 2023: Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the fair and decretal
order dated 26.07.2023 passed in I.A.No.11 of 2023 in O.S.No.2603 of
2013 on the file of the Learned XVI Assistant Judge, City Civil Court,
Chennai.
Prayer in C.R.P.No.3103 of 2023: Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the fair and decretal
https://www.mhc.tn.gov.in/judis
1/8
C.R.P.No.3103 of 2023
order dated 04.08.2023 passed in I.A.No.7 of 2023 in O.S.No.2603 of
2013 on the file of the Learned XVI Assistant Judge, City Civil Court,
Chennai.
Prayer in C.R.P.No.3104 of 2023: Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the fair and decretal
order dated 04.08.2023 passed in I.A.No.9 of 2023 in O.S.No.2603 of
2013 on the file of the Learned XVI Assistant Judge, City Civil Court,
Chennai.
Prayer in C.R.P.No.3105 of 2023: Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the fair and decretal
order dated 04.08.2023 passed in I.A.No.8 of 2023 in O.S.No.2603 of
2013 on the file of the Learned XVI Assistant Judge, City Civil Court,
Chennai.
Prayer in C.R.P.No.3106 of 2023: Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the fair and decretal
order dated 04.08.2023 passed in I.A.No.10 of 2023 in O.S.No.2603 of
https://www.mhc.tn.gov.in/judis
2/8
C.R.P.No.3103 of 2023
2013 on the file of the Learned XVI Assistant Judge, City Civil Court,
Chennai.
For Petitioner : M/s.Hema Sampath
Senior Counsel for
Mr.J.R.K.Bhavanantham
For Respondent : Mr.V.Manisekaran
ORDER
The revision petition in C.R.P.No.3090 of 2023 is filed against the
fair and decreetal order dated 26.07.2023 passed by the Learned XVI
Assistant Judge, City Civil Court, Chennai in I.A.No.11 of 2023 in
O.S.No.2603 of 2013. The revision petitions in C.R.P.No.3103 of 2023,
C.R.P.No.3104 of 2023, C.R.P.No.3105 of 2023 and C.R.P.No.3106 of
2023 are filed against the fair and decreetal orders dated 04.08.2023
passed by the Learned XVI Assistant Judge, City Civil Court, Chennai in
I.A.No.7 of 2023, I.A.No.8 of 2023, I.A.No.9 of 2023 and I.A.No.10 of
2023 in O.S.No.2603 of 2013.
2. The petitioner herein is the plaintiff in O.S.No.2603 of 2013.
https://www.mhc.tn.gov.in/judis
C.R.P.No.3103 of 2023
The suit was filed for declaration and permanent injunction in respect of
the suit property. The respondents / defendants filed written statement in
the suit on 11.07.2013. When the suit was pending, the petitioner has
filed various applications as follows:
i) The petition in I.A.No.11 of 2023 was filed to grant leave to file
reply statement in the suit.
ii) The petition in I.A.No.7 of 2023 was filed to receive Certified
copy of Memo, Letter of administration as additional documents.
iii) The petition in I.A.No.10 of 2023 was filed to receive Certified
copy of Plaint, Written statement, Judgment and Decree in O.S.No.6381
of 1997 as additional documents.
iv) The petitions in I.A.No.8 of 2023 and I.A.No.9 of 2023 are
filed to reopen and recall PW1 for making of the above documents.
3. The Trial Court, after hearing the parties and perusing the
https://www.mhc.tn.gov.in/judis
C.R.P.No.3103 of 2023
records, dismissed all the applications filed by the petitioner. Aggrieved
by the same, present revision petitions are filed.
4. It is stated in the affidavit filed in support these petitions that the
1st respondent Ganesan filed a suit in O.S.No.3801 of 1997 against the
plaintiff's husband Rathinavelu for declaration of title and recovery of
possession of the subject property. One Mr.Abdul Jaffar filed an
application in I.A.No.10854 of 1998 in O.S.No.3801 of 1997 for
impleading himself as party to the said suit, which was dismissed by the
Learned XVI Assistant Judge, refusing to implead him as party to the
suit. Upon searching of old bundles, the petitioner has discovered copies
of injunction application filed in the suit for specific performance of
agreement of sale in O.S.No.6381 of 1997 on the file of this Court,
restraining the 1st respondent Ganesan from alienating the premises
No.21, 4th Cross Indra Nagar, Chennai, the subject matter of the present
suit. The petitioner has come across the copy of the written statement
filed by Late Ganesan in O.S.No.6381 of 1997 on the file of XVI
Assistant Judge, City Civil Court, Chennai, denying the statement of
Abdul Jaffar that Late Ganesan was not the absolute owner of the suit
https://www.mhc.tn.gov.in/judis
C.R.P.No.3103 of 2023
property and that his father Late K.Shanmugam contributed funds from
his own savings and that the property was bought in his name with
intention to settle the property to S.Rathinavelu his brother-in-law. In the
said suit, the petitioner was not a party, luckily her counsel came across
this paper.
5. It is further stated in the affidavit that the plaint and written
statement filed in O.S.No.6381 of 1997 are vital document to strengthen
the petitioner's case. Hence, she filed an application in I.A.No.3 of 2022
in O.S.No.2603 of 2013 to send for the bundle in O.S.No.6381 of 1997
on the file of this Court from the records. The Learned XVI Assistant
Judge has allowed the said application on merits on 22.08.2022. The case
papers in O.S.No.6381 of 1997 were sent to XVI Assistant Court on
20.09.2022, the same are available on record even now. Due to oversight,
the plaint, written statement and the decree in O.S.No.6381 of 1997 was
not confronted with the DW1. Hence, the petitioner filed application in
I.A.No.8 of 2023 for reopening her evidence for filing additional proof
affidavit to mark documents and consequent applications in I.A.No.9 of
2023 to recall PW1 to file Additional Proof to mark the documents,
https://www.mhc.tn.gov.in/judis
C.R.P.No.3103 of 2023
I.A.No.10 of 2023 to grant leave to mark the plaint, written statement,
the Judgment and decree in O.S.No.6381 of 1997 and I.A.No.11 of 2023
to grant leave to file reply statement.
6. Considering the above averments made in the affidavit filed in
support of these petitions, without expressing any opinion on merits of
the case, this Court hereby directs the Learned XVI Assistant Judge, City
Civil Court, Chennai, to permit the petitioner to file a reply statement in
O.S.No.2603 of 2013 and mark the documents as prayed for in her
applications in I.A.No.7 of 2023 and I.A.No.10 of 2023 by recalling the
witness PW1. Upon filing of reply statement and marking of documents,
the Learned XVI Assistant Judge shall consider the same and pass a
comprehensive order thereon.
7. With the above directions, these Civil Revision Petitions are
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
29.08.2023
https://www.mhc.tn.gov.in/judis
C.R.P.No.3103 of 2023
V.BHAVANI SUBBAROYAN.J.,
raja
raja
Index : yes/no
Internet : yes/no
To
The XVI Assistant Judge, City Civil Court, Chennai.
C.R.P.Nos.3090, 3103, 3104, 3105, 3106 of 2023
and
C.M.P.No.19213 of 2023
29.08.2023
https://www.mhc.tn.gov.in/judis
