Madras High Court

Ephraim Bleson Noble vs K.Thanasingh on 1 April, 2025

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                                         C.R..P.(PD)(MD).No.1017 of 2025


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 01.04.2025

                                                              CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                           C.R.P(PD)(MD)No.1017 of 2025
                                                       and
                                            C.M.P(MD) No.5495 of 2025

                     1. Ephraim Bleson Noble

                     2. Arulmathi Yesuvadian                                             ... Petitioners/Petitioners
                                                                                             Defendants 1 and 2
                                                                   Vs.
                     1. K.Thanasingh

                     2. K.Rajasingh

                     3. Sagunthala

                     4. K.Rajendran

                     5. Shanmugaraja Pandian

                     6. Sumilin

                     7. Jeyasingh Rathinaraj

                     8. Jeyasingh

                     9. Misba

                     10. Hebsiba                                             ... Respondents/Respondents/
                                                                                      Plaintiffs 1 to 10.

                     1/6




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                                                                                           C.R..P.(PD)(MD).No.1017 of 2025



                     11. Joice

                     12. Esakkimuthu

                     13. Muthaiah

                     14. Jegadesan

                     15. Manohar                                                           ... Respondents 11 to 15/
                                                                                               Respondents/
                                                                                               Defendants 3 to 7

                     PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
                     India, to call for the records and set aside the Fair and decreetal order dated
                     04.11.2024 passed in I.A.No.31 of 2024 in O.S.No.133 of 2015 on the file of
                     the District Munsif Court, Srivaikumdam and allow this Civil Revision
                     Petition with costs.


                                             For Petitioners          : Mr.V.Selvakumar

                                                               ORDER

The defendants 1 and 2 in O.S.No.133 of 2015 on the file of the

District Munsif Court, Srivaikundam, have filed the present Civil Revision

Petition challenging the dismissal of their application to recall D.W.1 for the

purposes of marking certain documents.

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2. A perusal of the records reveal that the respondents 1 to 10 herein

have filed the above said suit for the relief of declaration of certain

documents as null and void and for a permanent injunction restraining the

defendants from alienating or creating any encumbrance over the suit

schedule properties.

3. When the suit was posted for judgment on 25.04.2024, the

defendants have filed an application to reopen and to recall and also for

marking of certain documents. This application was not pressed. The

defendants have filed another application to reopen and to recall and for

marking of certain documents and the said application was allowed. D.W.1

has marked certain documents. Thereafter, the present application has been

filed by the defendants to again recall D.W.1 and for marking of some other

documents, which was dismissed by the trial Court. Challenging the same, the

present Civil Revision Petition has been filed.

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4. According to the learned counsel appearing for the revision

petitioners, the previous applications were filed for marking of certain

documents on the side of the defendants and some of the documents were left

out and therefore, only to mark the left out documents, the present application

came to be filed.

5. Heard the learned counsel appearing for the revision petitioners and

perused the materials available on record.

6. As rightly pointed out by the trial Court, the defendants having been

filing application after application to recall D.W.1 for the purpose of marking

documents. The trial Court has already permitted an application filed by

D.W.1 to reopen, recall and to mark certain documents and when a second

attempt was made for the same, the present application has been dismissed.

Therefore, there are no merits in the Civil Revision Petition.

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7. Accordingly, this Civil Revision Petition is dismissed. There shall be

no order as to costs. Consequently connected Miscellaneous Petition stands

closed.




                                                                                                                01.04.2025
                     NCC      : Yes/No
                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi




                     To

                     1. The District Munsif Court,
                        Srivaikundam.

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









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                                                                            C.R..P.(PD)(MD).No.1017 of 2025




                                                                                 R.VIJAYAKUMAR,J.

                                                                                                       ebsi




                                                                 C.R.P(PD)(MD)No.1017 of 2025




                                                                                               01.04.2025

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