Madras High CourtCRP/754/2019dismissed

S.Amudha v. Chinna Paiya Nattar(Died)

2020-02-18Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2020

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN S.Amudha ... Petitioner Vs.

1. Jagadhammal

2. P.C.Sampath

3. Malliga

4. P.C.Ramajayam

5. P.C.Yuvaraj ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the fair and decretal order in I.A.No.282 of 2018 in O.S.No.215 of 2009 vide order dated 16.11.2018 on the file of the District Munsif Court at Arakkonam, Vellore District.

For Petitioner : Mr.M.Sathish Kumar 1/4

O R D E R

The Civil Revision Petition has been filed against the order dismissing the petitioner's application to reopen the plaintiff's side evidence.

2. The petitioner/plaintiff filed a suit in O.S.No.215 of 2018 on the file of the District Munsif Court, Arakkonam, for recovery of possession and in the suit, evidence was closed and the matter was posted for arguments. At this stage, the petitioner/plaintiff filed an application seeking to reopen her evidence for the purpose of letting in evidence and that application has been dismissed by the trial Court. Against which, the present revision has been filed.

3. I have heard the learned counsel for the petitioner and perused the materials available on records carefully.

4. Admittedly, when the suit was posted for arguments, the application to reopen the case has been filed by the petitioner and the trial Court dismissed the application holding that the 2/4

affidavit is filed without assigning any particulars for reopening the plaintiff's side evidence. That apart, after the trial is over and when the matter is posted for arguments, the petitioner cannot maintain the petition and dismissed the same. I have also carefully gone through the materials. I find no illegality or irregularity in the order passed by the Court below and I find no merit in the revision.

5. Accordingly, the Civil Revision Petition is dismissed. Since the suit is pending from the year 2008, the trial Court is directed to dispose the suit within a period of six(6) months from the date of receipt of a copy of this order, after giving opportunity to both the parties, on merits and in accordance with law, No costs. 18.02.2020 Index:Yes/No Internet:Yes Speaking/Non-speaking order mrp To The District Munsif Court, Arakkonam, Vellore District.

3/4

V.BHARATHIDASAN, J mrp 18.02.2020 4/4