[Cites 1, Cited by 0]
Madras High Court
K.Kamalakannan vs Bhuvaneshwari on 24 February, 2026
CRP(MD). No.530 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 24.02.2026
CORAM
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
CRP(MD). No.530 of 2026
and CMP(MD).No.2306 of 2026
1.K.Kamalakannan
2.Seethalakshmi ... Petitioners
Vs
Bhuvaneshwari ... Respondent
PRAYER :-Civil Revision Petition filed under Article 227 of the
Constitution of India, to call for the records pertaining to the order dated
14.11.2025 made in I.A.No.02 of 2025 in O.S.No.947 of 2014 on the file
of the learned Principal Subordinate Judge, Madurai and set aside the
same.
For Petitioners : Mr.M.Maran
ORDER
This civil revision petition has been filed challenging the order
dated 14.11.2025 made in I.A.No.02 of 2025 in O.S.No.947 of 2014 on
the file of the learned Principal Subordinate Judge, Madurai.
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2.Originally the suit in O.S.No.947 of 2014 was filed by the
respondent herein for permanent injunction. On 22.07.2025, when the
suit was posted for cross examination of PW1, the defendants did not
appear and cross examine the PW1. Hence, the defendants are called
absent and set ex-parte and ex-parte decree was also passed. To set aside
the above said ex-parte decree, the petitioner has filed the present I.A.No.
2 of 2025. The same was dismissed by the trial Court. Against the
dismissal order, the present civil revision petition has been filed.
3.The learned counsel for the revision petitioners submits that the
revision petitioners filed a suit in O.S.No.387 of 2025 seeking
declaration. Pending the above said suit, the revision petitioners filed an
application to club both the suits, since the parties and the properties
involved in both suits are one and the same, but, for different prayer.
Since the second suit is of the year 2025, the above said application was
rejected by the trial Court.
4.Considering the facts and circumstances of the case, notice to the
respondent is dispensed with and upon perusing the records, this Court
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taken this civil revision petition for disposal.
5.In O.S.No.947 of 2014, the cross examination of PW1 was
pending from 10.06.2025 and the revision petitioners, who are the
defendants in the suit has failed to cross examine the PW1. Therefore, it
was posted to 25.06.2025, 04.07.2025, 15.07.2025 and 22.07.2025.
Therefore, the defendants purposely and wantonly not cross examined
the PW1 for five occasions. Therefore, the defendants were set exparte
and the evidence was closed. When the suit is pending from 2014, such
an attitude has been rightly taken into consideration by closing the
evidence of PW1.
6.However, in order to give an opportunity to the revision
petitioners, this Court is inclined to dispose this revision petition on the
following terms. Accordingly, the impugned order passed by the trial
court is hereby set aside. The suit in O.S.No.947 of 2014 shall be
restored to the file. The trial Court is directed to permit the petitioners
herein to cross examine the PW1 by fixing a particular date. The
revision petitioners shall cross examine the PW1 on the date to be fixed
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by the trial Court. The trial Court shall not grant further time to cross
examine the PW1. Thereafter, the trial Court shall proceed further and
conclude the trial as expeditiously as possible and dispose of the suit at
the earliest.
7.With the above said directions, this civil revision petition is
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
Speaking : Yes / No 24.02.2026
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
TM
To
1.The Principal Subordinate Judge, Madurai.
2.The Section Officer,
E.R.Section/V.R.Section,
Madurai Bench of Madras High Court, Madurai.
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N.SENTHILKUMAR, J.
TM
24.02.2026
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