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Madras High CourtCRP/1877/2019dismissed

R.Varalakshmi v. P.Yuvaraja

2019-08-08Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2019

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ CRP (PD) NOS.1877 AND 1881 OF 2019 AND CMP NOS.12348 AND 12358 OF 2019 R.Varalakshmi ...

Petitioner in both CRPs'

VS.

P.Yuvaraja ...

Respondent in both CRPs'

PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India against the fair and decreetal order dated 28.01.2019 made in I.A.No.2 of 2019 in HMOP No.119 of 2014 and I.A.No.1 of 2019 in HMOP No.119 of 2014 respectively, on the file of the Principal Subordinate Judge, Vellore.

For Petitioner :

Ms.N.Mala For Respondent :

Mr.V.T.Narendiran COMMON ORDER These Civil Revision Petitions are directed against the orders passed by the learned Principal Subordinate Judge, Vellore, refusing

to reopen and to recall PW1 for cross examination. Aggrieved over the same, the petitioner is before this Court.

2. The learned counsel appearing for the respondent would submit that he has no objection for setting aside the orders passed by the Trial Court by allowing these Civil Revision Petitions, provided a time limit is fixed for disposal of the main HMOP.

3. Recording the submissions made by the learned counsel appearing for the respondent, the order dated 28.01.2019 passed in I.A.No.2 of 2019 and I.A.No.1 of 2019 respectively, in HMOP No.119 of 2014, by the learned Principal Subordinate Judge, Vellore, are set aside and a direction is issued to the learned Principal Subordinate Judge, Vellore to complete the trial and pass orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. The petitioner shall avail the opportunity of cross examining the other party and co-operate in completion of the trial within the specified period, as indicated above.

4. Both the Civil Revision Petitions are disposed of accordingly. No costs. Consequently, connected civil miscellaneous petitions are closed.

08.08.2019 Index : Yes/No Internet : Yes/No Note : Issue order copy on 16.08.2019 TK To The Principal Subordinate Judge Principal Subordinate Court Vellore.

M.GOVINDARAJ, J.

TK CRP (PD) NOS.1877 AND 1881 OF 2019 08.08.2019