Tmt. K. Manjula v. Tmt.S. Kalpana Devi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.02.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P.Nos. 2743 & 2747 of 2025 1.Tmt. K. Manjula 2.Tmt.T.K.Maheshwari
...Petitioners in both petitions
Vs.
1.Tmt. S.Kalpana Devi 2.K.Sangameswaran 3.B.Sugumari 4.A.Sridevi 5.N.Kumuthavalli 6.T.Sathiyavani 7.Uthradevi 8.Kavitha Rani 1/8
Jayalakshmi (died) 9.Kalarani 10.S.A.Syed Jahanheer 11.S.A.Shed Asalam 12.S.A.Syed Soopiya (Exonerated) Fully aged 13.S.A.Syed Adam 14.S.A.Syed Nasar 15.S.A.Syed Ameer Hamsa 16.P.Damodharan 17.P.Rangasamy 18.M/s Premier Investment corporation Rep.by P.K.Perriyasamy S/o.Palanikuppusamy, No.144, Premier Plaza, Premier Investment Corporation, Kumaran Road, Tirupur.
19.T.C.Loganathan 20.P.Viswanathan 21.O.Sabia Saitha 22.R.Kannan 2/8
23.T.Sathamani 24.P.K.Periya Samy Chidambaram (Died) 25.G.Kaleel Rahman K.Muthusamy Gounder (Died) K.S.Ramasamy (Died) 26.P.K.Murugesan 27.M.Velusamy 28.M.Rizwana Sulthana 29.Syed Baizoor Rahman
...Respondents in both petitions
Prayer: Civil Revision Petitions are filed under Article 227 of the Constitution of India, against the orders passed in I.A.Nos.16 & 17 of 2024 in OS.No.347 of 2007 on the file of the Additional Sub Court, Tiruppur on 18.11.2024.
For Petitioners :
Mr. V.Ramamurthy 3/8
O R D E R
Challenging the dismissal of their applications seeking to reopen and recall evidence of PW1, the defendants 31 and 32 have preferred these civil revision petitions. The short facts are as follows.
2. The 1st respondent had filed a suit O.S.No.347 of 2007 on the file of the Additional Sub Court, Tirupur, seeking a partition of her 1/12th share in the suit schedule properties. In the above suit, the plaintiff had examined herself as P.W.1 and she was cross examined by defendants 20 to 23 on 01.03.2024. Thereafter, the plaintiff side evidence was closed on 02.04.2024. DW.1 was examined in chief on 18.07.2024 and by 27.09.2024 the cross examination of DW.1 was concluded. Further, the witness on the side of defendants 20 to 23 was closed on 29.10.2024 and the matter was adjourned to 05.11.2024 for the evidence of defendants 31 and 32.
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3. At this stage, the defendants 31 and 32 have come forward with I.A.Nos.16 and 17 of 2024 to recall and reopen PW1's evidence. These applications were dismissed, as against which the present revisions have been filed.
4. Heard the learned counsel for the petitioners.
5. From the counter of the plaintiff in the impugned applications, it is seen that the petitioners herein had made an endorsement that they do not propose to cross examine the plaintiff. The endorsement made was as follows:
"31 kw;Wk; 32 gpujpthjpfs; jug;gpy; Fwf;F tprhuiz ,y;iy/"
6. This endorsement was recorded and the evidence of P.W.1 was closed on 02.04.2024.
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7. Further, in the affidavit filed in support of the said applications no reason whatsoever has been given as to why the examination of plaintiff at this stage was required and though reference was made to some documents there is no description about the documents that had been proposed to be produced. The applications are moved when the matter is posted for evidence of defendants 31 and 32. The petitioners herein who have waived their right of cross examination cannot now turnaround and seek to recall and reopen P.W.1's evidence.
8. The order of the learned Trial Judge cannot be find fault with. Accordingly, the civil revision petitions are dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. 12.02.2025 Index : Yes/No Internet : Yes/No kan 6/8
To The Additional Sub Court, Tiruppur.
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P.T. ASHA, J, kan 12.02.2025 8/8