Madras High Court
Veerappan vs Rejeswari on 7 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R..P.(PD)(MD).Nos.3219 and 3220 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(PD)(MD)Nos.3219 and 3220 of 2024
and
C.M.P(MD) No.18522 of 2024
C.R.P(MD) No.3219 of 2024:
1. Veerappan
2. V.R.Amirdha Selvi ... Petitioners/Respondents
Defendants
Vs.
Rejeswari
W/o. Kannaiah
T.S.No.5530, South 4th Street,
Pudukkottai Town and Taluk,
Pudukkottai District,
Now residing at
APT BLK 41, Cambridge Road,
# 06 -20, Singapore – 210041,
Represented by her Power of Attorney
Arumugam,
S/o. Subbaiah,
T.S.No.5539, South 4th Street,
Pudukkottai Town and Taluk,
Pudukkottai District. ... Respondent/Petitioner/
Plaintiff
1/6
https://www.mhc.tn.gov.in/judis
C.R..P.(PD)(MD).Nos.3219 and 3220 of 2024
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, against the fair and decreetal order dated 13.08.2024 made in I.A.No.
247 of 2022 in O.S.No.84 of 2012 on the file of the Additional Subordinate
Judge, Pudukkottai.
For Petitioners : Mr.G.Sridharan
For Respondent : Mr.S.I.Muthiah
C.R.P(MD) No.3220 of 2024:
1. Veerappan
2. V.R.Amirdha Selvi ... Petitioners/Respondents
Defendants
Vs.
Rejeswari
W/o. Kannaiah
T.S.No.5530, South 4th Street,
Pudukkottai Town and Taluk,
Pudukkottai District,
Now residing at
APT BLK 41, Cambridge Road,
# 06 -20, Singapore – 210041,
Represented by her Power of Attorney
Arumugam,
S/o. Subbaiah,
T.S.No.5539, South 4th Street,
Pudukkottai Town and Taluk,
Pudukkottai District. ... Respondent/Petitioner/
Plaintiff
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, against the fair and decreetal order dated 13.08.2024 made in I.A.No.
2/6
https://www.mhc.tn.gov.in/judis
C.R..P.(PD)(MD).Nos.3219 and 3220 of 2024
248 of 2022 in O.S.No.84 of 2012 on the file of the Additional Subordinate
Judge, Pudukkottai.
For Petitioners : Mr.G.Sridharan
For Respondent : Mr.S.I.Muthiah
COMMONORDER
The defendants in O.S.No.84 of 2012 on the file of the Additional Sub
Court, Pudukkottai, are the revision petitioners herein.
2. The respondent herein as the plaintiff had filed the above said suit
for the relief of declaration of title and recovery of possession. After the
closure of the evidence of P.W.1, the case was posted for further evidence on
the side of the plaintiff. The plaintiff has filed in I.A.No.247 of 2022 to recall
P.W1 and I.A.No.248 of 2022 has been filed to seek permission of the Court
to recieve additional documents. These two applications came to be allowed.
Challenging the same, the present Civil Revision Petitions have been filed.
https://www.mhc.tn.gov.in/judis
C.R..P.(PD)(MD).Nos.3219 and 3220 of 2024
3. According to the learend counsel appearing for the revision
petitioners, there are no pleadings in the plaint relating to the additional
documents that are sought to be presented before the Court. Therefore, the
Court ought not to have allowed these two applications.
4. Per contra, the learned counsel appearing for the respondent had
contended that these documents are very much required for the purpose of the
disposal of the case and therefore, he prayed for sustaining the order passed
by the trial Court.
5. I have perused the order passed by the trial Court and heard the
submissions made on either side.
6. A perusal of the additional documents sought to be presented by the
plaintiff before the Court reveals that all the documents are certified copies of
the judgment and decree in previous proceedings. Therefore, there cannot be
any dispute with regard to the genuineness or admissiblity of those
documents. However, the defendants contended that there are no pleadings in
the plaint, relating to the documents.
https://www.mhc.tn.gov.in/judis
C.R..P.(PD)(MD).Nos.3219 and 3220 of 2024
7. I am of the considered opinion that the defence raised by the
defendants has to be considered at the time of trial.
8. With the above said observations, these Civil Revision Petitions
stand dismissed. There shall be no order as to costs. Consequently connected
Miscellaneous Petition stands closed.
07.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Additional Subordinate Court,
Pudukkottai.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R..P.(PD)(MD).Nos.3219 and 3220 of 2024
R.VIJAYAKUMAR,J.
ebsi
C.R.P(PD)(MD)Nos.3219 and 3220 of 2024
07.02.2025
https://www.mhc.tn.gov.in/judis
