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Madras High CourtCRP/1855/2026allowed

Jayalakshmi, v. Senthilvel,

2026-03-27Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2026

CORAM:

THE HONOURABLE MRS. JUSTICE THAMILSELVI Jayalakshmi ... Petitioner in both petitions vs Senthilvel .... Respondent in both petitions Common Prayer : Civil Revision petitions filed under Article 227 of Constitution of India, against the fair and decreetal order dated 03.02.2026 passed in IA Nos.4 & 5 of 2026 in OS No.179 of 2018 on the file of the Additional District Munsif, Pollachi, Coimbatore District. In both petitions :

For Petitioner : Mr.R.Vasanthanayagan COMMON ORDER These Civil Revision Petitions are filed challenging the orders passed in IA Nos.4 & 5 of 2026 in OS No.179 of 2018 dated 03.02.2026 on the file of the Additional District Munsif, Pollachi, Coimbatore

District.

2. The fourth defendant has filed an application before the Trial Court to reopen and recall the evidence of PW1 and the same was allowed by stating that to give one more opportunity the said petition was allowed. Aggrieved over the same, the plaintiff has filed the revision petition.

3. The learned counsel submits that after completion of evidence and at the time of arguments to fill up lacuna, the defendant has filed the application and the same was erroneously allowed by the trial judge. Admittedly, the suit was filed for permanent injunction and after closing of evidence, the defendant wants to cross examine PW1 to reopen and recall, but no reason was assigned.

4. On perusal of the affidavit it reveals that due to over sight some points have said to have been not cross examined on PW1. No reason was assigned for what purpose they want to recall PW1. In such circumstances, the order of allowing the interlocutory petitions is

erroneous. Hence, the petition allowed by the trial judge is set aside, and the interlocutory petitions are dismissed. The revision petitions are allowed.

5. Accordingly, these Civil Revision Petitions are allowed and the order dated 03.02.2026 passed in IA Nos.4 & 5 of 2026 in OS No.179 of 2018 on the file of the Additional District Munsif, Pollachi, Coimbatore District is set aside. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

27.03.2026 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To

1. The Additional District Munsif Court, Pollachi, Coimbatore District.

T.V.THAMILSELVI , J.

mtl 27.03.2026