Madras High Court
K.Prasad vs Amudha on 15 October, 2025
CRP.No.3950 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
CRP.No.3950 of 2025
K.Prasad
represented by his Power Agent P. Jayashree, W/o.Prasad,
Plot No.77, TNHB Colony, Chenniamman Scheme,
MIG-2 Type, Thiruvalluvar Nagar, 6th Main Road,
Tondiarpet, Chennai 600 081.
Petitioner(s)/Plaintiff(s)
Vs
1.Amudha
W/o.Kumar,
Plot No.77, TNHB Colony, Chennaimman Scheme,
MIC 2 Type, Thiruvalluvar Nagar, 6th main Road, Tondiarpet,
Chennai 81.
2.K.Kumar
S/o.Kandasamy,
Plot No.77, TNHB Colony, Chennaimman Scheme,
MIC 2 Type, Thiruvalluvar Nagar, 6th main Road, Tondiarpet,
Chennai 81.
3.K.Mohan Prakash
S/o.Kumar,
Plot No.77, TNHB Colony, Chennaimman Scheme,
MIC 2 Type, Thiruvalluvar Nagar, 6th main Road, Tondiarpet,
1/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
CRP.No.3950 of 2025
Chennai 81.
4.K.Prasanna
S/o.Kumar,
No.1L, Hamsa Citren, KCP Road, Thiruvotriyur, Chennai 19.
5.P.Kavini (Minor)
D/o. Pradeesh,
No.11, Nagammal Nagar, 1st Street, Tholgappiyar Square, VTC
Thanjavur Post and District 613 001.
rep by her Mother and natural guardian Lavanya
6.P. Maneesh (Minor)
S/o. Pradeesh,
No.11, Nagammal Nagar, 1st Street, Tholgappiyar Square, VTC
Thanjavur Post and District 613 001.
rep by his mother and natural guardian Lavanya
7.R.Vathani
W/o.Rathinasamy,
No.2, 6th Cross Street, Nehru Nagar, Thala Street, Karaikal,
Puducherry 609 605. Now res at No.150, TNHB Colony,
Chennaiamman Scheme, MIG-2 Type, Thiruvalluvar Nagar, 6th
Main Road, Tondiarpet, Chennai 81.
8.Lavanya
W/o.K.Pratheesh, C/o.J.Paneerselvam,
No.11, Nagammal Nagar, 1st Street, Tholgappiyar Square,
V.T.C. Thanjavur Post and District 613 001.
Respondent(s)/Defendant(s)
Civil Revision Petition filed under Article 227 of the Constitution of
India, to eschew the offending portion of the cross-examination of PW2 done
by the learned counsel for the D1, D2, D4, D5, D6 and D8 in O.S.No.2907 of
2/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
CRP.No.3950 of 2025
2023 dated 12.08.2025, which is pending before the XIX Assistant City Civil
Court, Allikulam, Chennai.
For Petitioner(s) : Mr.P.Vijendran
For RR1 & 2 : Mr.J.Shanmuga Sundaram Babu
For R7 : Mr.K.M.C.Arunmokan
For R8 : Mr.S.Ambigapathy
ORDER
This petition has been filed to eschew the offending portion of the
cross-examination of PW2 done by the learned counsel for the D1, D2, D4,
D5, D6 and D8 in O.S.No.2907 of 2023 dated 12.08.2025, which is pending
before the XIX Assistant City Civil Court, Allikulam, Chennai.
2. One Prasad represented by his power agent Jayashree has filed a
suit against Amudha/D1, Kumar/D2, Vadhani/D3 and Sub Registar,
Royapuram/D4, in O.S.No.3626 of 2023 on the file of the XIX Additional
City Civil Court, Chennai, seeking the relief of declaration and partition.
Written statement was filed by the respondents/defendants and necessary
issues were framed. On the side of the revision petitioner/plaintiff, the power
agent Jayashree was examined as PW1 and was also cross-examined by the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
respondents/defendants. Thereafter, the mother of PW1 one Lakshmi was
examined as PW2 on 12.08.2025 and was cross-examined by the
respondents/defendants 1, 2, 4, 5, 6 and 8 and 7 and thereafter, the revision
petitioner's/plaintiff's side evidence was closed. On the side of the
respondents/defendants, DWs.1 to 3 were examined-in-chief and cross-
examined and the case was posted for arguments. At this stage, the revision
petitioner/plaintiff has preferred the present civil revision petition to eschew
the offending portion of the cross-examination of PW2 done by D1, D2, D4,
D5, D6 and D8 in O.S.No.2907 of 2023 dated 12.08.2025.
3. The learned counsel appearing for the revision
petitioner/plaintiff would submit that the subject matter of the suit is
pertaining to the dispute between the parties as to whether there is a joint
family property exists or not. During the cross-examination PW2, the learned
counsel appearing for the defendants viz. D1, D2, D4, D5, D6 and D8 has put
forth certain questions, which is irrelevant, indecent and scandalous as
contemplated under Section 151 of the Indian Evidence Act, 1872/Section
154 of the Bharatiya Sakshya Adhiniyam, 2023 and therefore, the revision
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
petitioner/plaintiff has been preferred the present petition to eschew the
offending portion of cross-examination of PW2.
4. Though in the revision petition there is no mention about the
specific portion of the offending and irrelevant portion in the cross-
examination of PW2, during arguments, the learned counsel appearing for the
revision petitioner/plaintiff pointed out the cross-examination made by D1,
D2, D4, D5, D6 and D8 on 12.08.2025, particularly last three lines in
paragraph no.6 and first three lines in paragraph no.7 in the cross-
examination of PW2.
5. Per contra, the learned counsel appearing for the respondents
would submit that during the cross-examination of PW2, neither PW2 nor her
counsel has made any objection and the suit is reserved for judgment.
Therefore, there is no reason that warrants interference of this Court to
eschew the offending portion of the cross-examination of PW2 done on
12.08.2025.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
6. Considering the arguments advanced on either side and also
considering the nature of the suit pending between the parties, in order to
protect the modesty of a woman in a civil case of declaration of title and
partition, this Court is inclined to give liberty to the revision
petitioner/plaintiff to file an appropriate application before the Court below.
On such application being filed, the Court below shall take on file, if it is
otherwise in order and dispose of the same on merits and in accordance with
law after providing an opportunity of hearing to both the parties as
expeditiously as possible.
With the above observations, this civil revision petition is dismissed.
No costs.
15.10.2025
nsd
Index : Yes/No
Speaking order : Yes/No
Neutral Case Citation : Yes/No
Note: Issue copy of this order today.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
To
The XIX Assistant City Civil Judge,
Allikulam, Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
M. JOTHIRAMAN, J.
nsd
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
15.10.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2025 08:39:42 pm )
