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Madras High CourtCRP/989/2018dismissed

Duraisamy v. Siddhuraj

2021-07-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.5373 of 2018

1. Duraisamy

2. Krishnan

3. Govindasamy Allumaran (Deceased) ... Petitioners Vs.

1. Siddhuraj

2. Siddhan ... Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 25.10.2017 made in I.A.No.1032 of 2017 in O.S.No.141 of 2012 on the file of the District Munsif Court, Dharmapuri by allowing this Civil Revision Petition.

For Petitioners : Mr.R.Prabakar For Respondents : Not ready in notice

ORDER

This Civil Revision Petition has been filed as against the order dated 25.10.2017 passed by the learned District Munsif, Dharmapuri, in I.A.No.1032 of 2017 in O.S.No.141 of 2012, thereby dismissing the petition to reopen the suit.

2.

The petitioners are the defendants and the respondents are the plaintiffs. The respondents filed suit in O.S.No.141 of 2012 for declaration and injunction. When the suit was posted for arguments, after completion of both side evidences, the petitioner filed the petition in I.A.No.1032 of 2017 to reopen the suit to recall P.W.1 for further cross-examination. The trial Court dismissed the said petition, as against which the present Civil Revision Petition.

3.

It is seen from the records that the petitioners have already been examined P.W.1 in full. After completion of both side evidences, the suit was posted for arguments. At that juncture, the petitioner filed this present petition and in the affidavit, he did not even whisper about on what reason, P.W.1 has to be re-examined. Therefore, the Court below rightly dismissed

the petition and this Court finds no infirmity or illegality in the order passed by the Court below.

4.

Accordingly, the Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

30.07.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The District Munsif, Dharmapuri.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

and C.M.P.No.5373 of 2018 30.07.2021