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Madras High CourtCRP/2436/2026disposed of

J.S.Rajasekaran Davamani v. Samuel M J

2026-06-04Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2026

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and C.M.P.No.10364 of 2026 J.S.Rajasekaran Davamani ... Petitioner Vs.

1.Samuel M J 2.Chalcey Doney Ganagaselvi ... Respondents Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the order dated 23.02.2026 passed in I.A.No.11 of 2026 in O.S.No.1710 of 2023 on the file of the IV Assistant City Civil Court, Chennai by allowing the CRP.

For Petitioner : Mr.K.Gajendiran For Respondents : Mr.Ralph V.Manohar *****

ORDER

This Civil Revision Petition has been filed challenging the impugned order, dated 23.02.2026 passed in I.A.No.11 of 2026 in O.S.No.1710 of 2023 on the file of IV Assistant City Civil Court, Chennai. Page No.1 of 4

2. Under the aforesaid order, the trial court has rejected the petitioner's application seeking to recall the plaintiffs' witness. Earlier, the evidence of the plaintiffs was closed, since the petitioner, who is the 1st defendant in the suit, failed to complete the cross-examination of the plaintiffs' witness. The petitioner contends that since he was not having the copy of the pendrive, which was marked as an exhibit on the side of the plaintiffs, he was not able to complete the cross-examination of the plaintiffs' witness.

3. After hearing the arguments of both the learned counsel appearing for the petitioner and the respondents/caveators, this Court suggested that the petitioner may be permitted to cross-examine the plaintiffs' witness and a direction can be issued by this Court to the trial court to dispose of the suit, within a time frame to be fixed by this Court. Both the counsels have agreed for the said suggestion made by this Court.

4. Accordingly, this Civil Revision Petition is disposed of by directing the plaintiffs' witness (respondents) to be present before the trial court, namely the IV Assistant City Civil Court, Chennai on 22.06.2026 to enable the petitioner's counsel to cross-examine them and complete the cross-examination of the plaintiffs' witness on the same day. The respondents are directed to Page No.2 of 4

furnish a copy of the "pendrive", which is marked as an exbihit on the side of the plaintiffs to the learned counsel appearing for the petitioner on or before 20.06.2026. It is made clear that both the parties shall not take any adjourment before the trial court on 22.06.2026 and without fail, the petitioner's counsel shall complete the cross-examination of the plaintiffs' witness (respondents) on the very same day. The trial court is directed to accommodate both the parties on 22.06.2026 for the purpose of completing the cross-examination of the plaintiffs' witness (respondents) by the defendant's counsel on that date. If any adjournment is sought by any of the counsels on 22.06.2026, the trial court is directed to impose cost on the party, who is seeking an adjournment.

The trial court is also directed to dispose of the main suit, within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 04.06.2026 Index : Yes / No Speaking order / Non-speaking order sp To The IV Assistant City Civil Court, Chennai.

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ABDUL QUDDHOSE , J.

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