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Madras High CourtCRP/1238/2023allowed

Dhanabagiyam v. N. Selvaraj

2023-11-17Honourable Mrs Justice T.V.Thamilselvi3 pages

C.R.P. Nos. 1238, 1245 & 1250 of 2023 T.V.THAMILSELVI, J.

These matters are taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the petitioners.

2. The learned counsel for revision petitioners would submit that this Court by an order dated 17.11.2023 allowed the above C.R.P.. However, the learned counsel would submit that they are inclined to examine the District Registrar on their side as a witness. Hence, he prayed to issue a suitable direction to examine him. Accordingly, the matter is listed today.

3. By way of reply, the learned counsel for respondents would submit that already the application filed by him to examine him was dismissed by the trial judge and against the said order, so far, the same was not challenged by the revision petitioners.

4. Considering their submissions, it reveals that the Revision Petitioners wanted to examine the District Registrar on their side as a witness, but they have to take separate remedy as per manner known to law, 1/3

since because already the application filed by them to examine the District Registrar was dismissed by the trial judge and also the fact that as on date, no Civil Revision Petition was filed as pointed by the counsel for respondents/defendants. Accordingly, para 9 of the order shall be substituted as follows :- "9. To avoid further complications and to avoid multiplicity of proceedings, this Court is inclined to grant one more opportunity to adduce evidence on their side, to recall himself and mark those documents. Four weeks time is granted to the Revision Petitioners/plaintiffs herein to adduce evidence on their side and within two months, the trial judge is directed to complete the trial."

5. Registry is directed to incorporate above correction in the Order of this Court in C.R.P.Nos.1238, 1245 and 1250 of 2023 dated 17.11.2023 and issue fresh order copy to the Revision Petitioner. 29.01.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.R.P. Nos. 1238, 1245 & 29.01.2024 3/3