K.P. Jagannathan v. V.C.K. Panchatcharam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2021 Coram The Hon'ble Mr. Justice C.V.KARTHIKEYAN C.R.P. (PD) Nos.1040 & 1041 of 2021 and C.M.P.No.8308 of 2021 K.P.Jagannathan ..Petitioner/Petitioner/Plaintiff (in both the CRPs.) Vs 1.V.C.K.Panchatcharam 2V.C.K.P.Mohankumar 3.V.C.K.P.Gopi 4.V.C.K.P.Iyappan ..Respondents/Respondents/Defendants (in both the CRPs.) Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 24.02.2021 passed in I.A.Nos.1 & 2 of 2020 in O.S.No.59 of 2014 on the file of the District Munsif Court, Tirutani, Tiruvallur District.

For Petitioner ..

Mr.V.Regunathan For Respondents ..

No appearance

ORDER

The revision petitioner herein is the plaintiff in O.S.No.59 of 2014 which is now pending on the file of the District Munsif Court, Tirutani. 2.These Civil Revision Petitions have been filed by the petitioner herein questioning the order in I.A.Nos.1 and 2 of 2020 dated 24.02.2021. The said applications have been filed seeking to reopen the evidence and to recall DW-1 for cross-examination. 3.The learned District Munsif had taken into consideration all the averments made in the applications and observed that, after the filing of the written statement, the suit was listed in the year 2016 and the petitioner herein had examined as witnesses PW-1 to PW-4 and the evidence was closed in the year 2016. Thereafter, the defendants had examined DW-1 and when the suit was posted for arguments, the present revision petitioner had filed an application to amend the plaint. That application was dismissed and again the suit was posted for arguments. Thereafter, again, application had been filed to examine as witnesses the mediators.

4.The learned District Munsif had observed that there was no allegation that mediation ever took place. That application was dismissed.

5.Thereafter, the petitioner wanted to examine one Desigan who had been allotted B schedule property, and who had died on 01.05.2012. That fact of death was also suppressed before the Court. That petition was also dismissed.

6.I am informed that the suit in O.S.No.59 of 2014 is posted for judgment today. Let the learned District Munsif, Tirutani, deliver judgment in accordance with the schedule maintained by the said Court. 7.These Civil Revision Petitions are dismissed. No order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

30.04.2021 Internet:Yes/No Index:Yes/No smv To The District Munsif Court, Tirutani.

C.V.KARTHIKEYAN,J.

smv C.R.P. (PD) Nos.1040 & 1041 of 2021 30.04.2021