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Madras High CourtCRP/1191/2026allowed

Suriyanarayanan v. Kangavalli

2026-03-09Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.6010 of 2026

1. Suriyanarayanan S/o. Govindarajan Devar, No.3A1, Kailasanadhar Sannathi Street, Mannargudi, Thiruvarur Dt.

2. Vishnuvarathan S/o. Suriyanarayanan, No.3A1, Kailasanadhar Sannadhi Street, Mannargudi, Thiruvarur Dt.

Petitioner(s) Vs

1. Kangavalli W/o. Ramachandiran. No.239C, Bharathi Nagar, Vengikal Polur Road, Tiruvannamalai Dt.

2.Vijayalakshmi W/o. Chandirasekaran, No.7, Rajaraja Nagar, Asesham Heera Garden, Mannargudi, Thiruvarur Dt.

Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to set aside the fair and final order dated 06.12.2025 made in IA No.5/2025 in OS No.40/2022 passed by the Sub Court, Mannargudi. For Petitioner(s):

B.Jawahar For Respondent:

ORDER

It has been brought to the notice of this Court that since the plaintiffs were absent and the defendants did not cooperate for cross-examination, the learned trial Judge struck off the evidence of D.W.1. However, the learned counsel for the revision petitioner had already filed a memo before the trial Court stating that a Civil Revision Petition had been preferred before this Court.

2. The order striking off the evidence of D.W.1 appears to have been passed in a hurried manner without proper application of mind. When the revision petitioners were entitled to challenge the order before this Court in the manner known to law, the trial Court ought not to have struck off the evidence of D.W.1 without granting sufficient opportunity. Therefore, this Court calls for remarks from the learned trial Judge regarding the said order.

3. The learned trial Judge is directed to submit remarks within one week. Meanwhile, the chief examination of D.W.1 is ordered to be restored. 09-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.Kangavalli W/o. Ramachandiran. No.239C, Bharathi Nagar, Vengikal Polur Road, Tiruvannamalai Dt.

2.Vijayalakshmi W/o. Chandirasekaran, No.7, Rajaraja Nagar, Asesham Heera Garden, Mannargudi, Thiruvarur Dt.

3. The Subordinate Court, Mannargudi.

4. The Section Officer, VR section, High Court of Madras, Chennai.

T.V.THAMILSELVI J.

rri and CMP.No.6010 of 2026 09-03-2026