R.Chandrasekaran v. P.S.Somasundaram (Died)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.Nos.12601, 12602, 12603 of 2018 R.Chandrasekaran ... Petitioner in all CRP's Vs 1.Dhakshayani 2.P.S.Kandasamy 3.P.S.Elangovan 4.P.S.Ravi 5.S.Sivagamasundari ... Respondents in all CRP's Prayer in C.R.P.(PD).No.2097 of 2018: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 03.11.2017 in I.A.No.921 of 2017 in O.S.No.1735 of 1997 passed by the learned Principal District Munsif at Alandur, Chennai. Prayer in C.R.P.(PD).No.2098 of 2018: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 03.11.2017 1/5
in I.A.No.922 of 2017 in O.S.No.1735 of 1997 passed by the learned Principal District Munsif at Alandur, Chennai. Prayer in C.R.P.(PD).No.2099 of 2018: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 03.11.2017 in I.A.No.923 of 2017 in O.S.No.1735 of 1997 passed by the learned Principal District Munsif at Alandur, Chennai. For Petitioner : Ms.J.T.Rajasuriya in all CRP's For Respondents : Mr.T.Thiyagarajan for R2 to R5 in all CRP's R1 - No Appearance ********** C O M M O N O R D E R These Civil Revision Petitions are filed against the orders dated 03.11.2017 in I.A.Nos.921, 922, 923 of 2017 in O.S.No.1735 of 1997 passed by the learned Principal District Munsif at Alandur, Chennai, thereby dismissing the petitions to reopen, recall and receive the documents. 2/5
2. The petitioner is the first defendant and the respondents are the plaintiffs. The suit was originally filed by the first deceased respondent in the year 1985 for ejection and also for damages. Thereafter, the suit was transferred to the file of District Munsif Court, Tambaram, in the year 1993. Again, it was transferred to the Principal District Munsif Court, Alandur in the year 1997. In fact, in the year 1986 the trial was commenced and the order was passed by this Court in C.R.P.No.2298 of 1994 dated 03.08.1994.
3. The petitioner filed an additional written statement. At that juncture, the petitioner filed a petition to recall of D.W.1 for the purpose of marking documents on his side for the reason that the petitioner has stated certified xerox copies of those documents are vital documents to defend the suit. The only reason stated in the affidavit is that there are subsequent orders of the documents are there to defend the suit.
4. On a perusal of the documents which were marked by the petitioner subsequent to the suit, the trial Court has rightly dismissed the petition and 3/5
this Court finds no infirmity or irregularity in the order passed by the Court below.
5. Accordingly, these Civil Revision Petitions are dismissed. The trial Court is directed to dispose of the suit within the period of three months from the date of receipt of a copy of this order.No order as to costs. Consequently, the connected miscellaneous petitions are closed. 29.04.2021 Internet:Yes Index:Yes/No rna To The Principal District Munsif, Alandur, Chennai.
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G.K.ILANTHIRAIYAN. J, rna and C.M.P.Nos.12601, 12602, 12603 of 2018 29.04.2021 5/5