Kalichamy vs Krishnasamy @ Kittusamy
2023 Latest Caselaw 15981 Mad

Madras High Court

Kalichamy vs Krishnasamy @ Kittusamy on 8 December, 2023

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                     C.R.P.No. 4339 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 08.12.2023

                                                           CORAM:

                                  THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI

                                                   C.R.P.No. 4339 of 2023
                                                            and
                                                   C.M.P.No.26370 of 2023

                     Kalichamy                                                      .. Petitioner
                                                              Vs
                     Krishnasamy @ Kittusamy                                        .. Respondent

                     PRAYER: Civil Revision Petition is filed under Section 115 of Civil
                     Procedure Code, to set aside the fair and final order dated 10.08.2023 made
                     in E.A.No.1 of 2022 in E.P.No.140 of 2012 in O.S.No.1638 of 1999 on the
                     file of First Additional District Munsif Court, Coimbatore.


                                      For Petitioner      : Mr. V. Anandhamoorthy


                                                          ORDER

This Civil Revision Petition is filed challenging the impugned

order passed in E.A.No. 1 of 2022 in E.P.No. 140 of 2012, the first

judgment debtor has preferred this revision.

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

2. Before the trial Court, the plaintiff / respondent herein

obtained decree of injunction against the defendants / revision petitioner

herein, as he violated, he filed EP for arrest. During the pendency of the EP

proceeding, the judgment debtor / the first respondent filed application to

cross examine P.W.1. That application was dismissed by the trial Judge

holding that subsequent event cannot be ask from the P.W.1. Aggrieved by

the said finding, the first defendant has preferred this revision.

3. The learned counsel for the petitioner / first defendant

submits that after ex parte decree in the present suit, he filed a suit for

partition in O.S.No.271 of 2011, in that suit the present plaintiff also

contested and to prove the same, he wants to recall P.W.1.

4. Admittedly, both petitioner and respondent herein are

brothers. From the year 1999 the suit is pending between them. If

opportunity is not given to the revision petitioner, his valuable right to

defend the case will be defeated but the trial Judge erroneously dismissed

the application, which needs interference.

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5. Accordingly, the Civil Revision Petition is allowed. The fair

and final order passed in E.A.No.1 of 2022 in E.P.No.140 of 2012 in

O.S.No.1638 of 1999 is set aside. The revision petitioner / first defendant is

directed to cooperate for the trial proceeding. No costs. Consequently,

connected miscellaneous petition is closed.

08.12.2023 Index :Yes/No Neutral Citation :Yes/No AT

To The I Additional District Munsif Court, Coimbatore.

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

T.V.THAMILSELVI, J.

AT

C.R.P.No. 4339 of 2023 and

08.12.2023

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