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Madras High CourtCRP/3876/2016dismissed

P.Sundaramurthy v. Adhikesavan

2022-12-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and CMP.No.19721 of 2016 P.Sundaramurthy ... Petitioner Vs.

1.Adhikesavan 2.P.Devendiran 3.A.Durai ... Respondents PRAYER: Civil Revision petition is filed under Article 227 of the Constitution of India praying to set aside the fair order and decretal order dated 26.10.2016 in IA.No.718 of 2015 in OS.No.273 of 2010 on the file of the learned Principal District Munsif, Thiruvannamalai, Thiruvannamalai District. For Petitioner : Mr.G.Rajan For Respondents : No appearance

ORDER

This civil revision petition has been filed to set aside the fair order and decretal order dated 26.10.2016 in IA.No.718 of 2015 in OS.No.273 of 2010 on the file of the learned Principal District Munsif, Thiruvannamalai, Thiruvannamalai District, thereby dismissed the petition seeking permission to file reply statement to the written statement filed by the respondents.

2. Heard, Mr.G.Rajan, the learned counsel appearing for the petitioner.

3. The petitioner is the plaintiff, who filed suit as against the respondents for declaration and injunction. The suit was filed on 13.08.2010. On receipt of suit summons, the respondents filed written statement on 29.09.2010. After period of five years, that too after examining PW1 in chief, the petitioner filed application to receive reply statement for the written statement filed by the respondents. After period of five years, the said application was filed, that too after examining PW1 in chief. Therefore, it is nothing but only after thought. As such, the court below rightly dismissed the application and this Court finds no infirmity or illegality in the orders passed by the court below.

4. Accordingly, this civil revision petition is dismissed. However, the petitioner is at liberty to let in evidence to that effect. Consequently, connected miscellaneous petition is closed. No order as to costs. 08.12.2022 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok

To The learned Principal District Munsif, Thiruvannamalai, Thiruvannamalai District.

08.12.2022