Arumugam vs Rajambal
2023 Latest Caselaw 9776 Mad

                                                                              C.R.P(PD)(MD).No. 165 of 2019


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 07.08.2023

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                             C.R.P(PD)(MD).No. 165 of 2019
                                              and CMP(MD)No.749 of 2019

                    1. Arumugam

                    2. Baskar
                                                                                         ... Petitioners

                                                            Vs

                    1. Rajambal

                    2. Senthilkumar

                    3. Vijayakumar

                    4. Shobana
                                                                                      ... Respondents
                    PRAYER: Civil Revision Petition filed under Article 227 of Constitution
                    of India to set aside the Fair and Decreetal order, dated 03.07.2018 in I.A.
                    No. 133 of 2018 in O.S. No. 190 of 2018 on the file of the learned District
                    Munsif cum Judicial Magistrate Court, Alangudi by allowing this Civil
                    Revision Petition.

                                     For Petitioners   :     Mr.G.Sridharan

                                     For Respondents :       No Appearance (R1 to R4)


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https://www.mhc.tn.gov.in/judis
                                                                             C.R.P(PD)(MD).No. 165 of 2019




                                                        ORDER

To set aside the fair and decreetal order, dated 03.07.2018 in

I.A. No. 133 of 2018 in O.S. No. 190 of 2018 passed by the learned

District Munsif cum Judicial Magistrate, Alangudi, the revision petitioners

have filed this Civil Revision Petition.

2.The petitioners are the respondents/defendants and the

respondents are the petitioners/plaintiffs before the Court below. For the

sake of convenience, the parties are referred to as per the litigative status

before Court below. Despite the name of respondents printed in the cause

list, neither the respondents nor their counsel appeared before this Court.

3.The brief facts, which give rise for filing the instant civil

revision petition are as follows:

(i)It appears that the petitioners have filed a suit for the relief

of declaration and injunction. They had filed an application to reopen the

plaintiff’s side evidence on the ground to let in further evidence in respect

of four boundaries and to prove their possession.

https://www.mhc.tn.gov.in/judis C.R.P(PD)(MD).No. 165 of 2019

(ii)The said application was resisted by the

respondents/defendants on the ground that the instant application is the

fourth petition for seeking re-open of the case. The present application has

been filed, after the matter was posted for Judgment in February, 2012. It

is further stated in their counter statement that the petitioners have

unnecessarily filed CMA(SR) and Tr.O.P petitions before the District

Court and in the way, they dragged the matter for a period of five years.

When they lost in all these battles, they came up with the application to

reopen their side evidence. Therefore, it was contended in the counter

statement that the instant application is hit by resjudicata. Though the

Court below, has mentioned the conduct of the petitioners is not bonafide,

allowed the application.

4.Aggrieved with the order, the petitioners/plaintiffs have filed

the present revision petition before this Court.

5.I have given my anxious consideration to either side

submission.

https://www.mhc.tn.gov.in/judis C.R.P(PD)(MD).No. 165 of 2019

6.The learned Judge has recorded all the misdeeds committed

by the petitioners. However, by simply referring as if to give an

opportunity, he has allowed the application. It is pertinent to mention here

that as rightly submitted by the learned counsel for the petitioners, the

Court below could not find any reason to allow the application. It is

curious to note that the learned trial Judge has believed the case of the

petitioners.

7.As rightly contended by the respondents/defendants that the

very attempt of the petitioners/plaintiffs in dragging the matter could be

seen from the counter statement in paragraph No.6, wherein, it has been

stated that the instant application is filed after a period of five years, that

too, after the matter was posted for Judgment. It is pertinent to mention

that suit is of the year 2008. Therefore, such a conduct of the petitioners

could not be encouraged. Hence, this Court is inclined to allow this

revision.

8.Accordingly, this Civil Revision Petition is allowed by

setting aside the order dated 03.07.2018 in I.A. No. 133 of 2018 in O.S.

No. 190 of 2018, passed by the learned District Munsif cum Judicial

https://www.mhc.tn.gov.in/judis C.R.P(PD)(MD).No. 165 of 2019

Magistrate Court, Alangudi. Considering the long pendency of the suit, the

trial Court is directed to dispose the suit within a period of three months,

since the matter is already in the stage of argument.

9.There is no order as to costs. Consequently, connected

miscellaneous petition is closed.

                                                                          07.08.2023

                    NCC            :     Yes / No
                    Index         :      Yes / No
                    Internet      :      Yes / No
                    PNM

                    To

1.The District Munsif cum Judicial Magistrate, Alangudi

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(PD)(MD).No. 165 of 2019

C.KUMARAPPAN, J.,

PNM

ORDER IN C.R.P(PD)(MD).No. 165 of 2019 and CMP(MD)No.749 of 2019

07.08.2023

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