T. Venkatapathy, v. S.R. Sridhar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1696 of 2016 and C.M.P.No.9033 of 2016 1.T.Venkatapathy S/o.Thiruvenkataswamy 2.T.Ramakrishnan S/o.Thiruvenkataswmay Naidu ... Petitioners vs S.R.Sridhar S/o.Rajendran ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned District Munsif, Palladam, passed in I.A.No.179 of 2016 in O.S.No.205 of 2004 on 29.04.2016.

For Petitioner :

Mr.S.K.Ragkhunathan *****

O R D E R

This revision challenges the order of learned District Munsif, Palladam, passed in I.A.No.179 of 2016 in O.S.No.205 of 2004 on 29.04.2016.

2. Respondent is the second plaintiff in O.S.No.205 of 2004 on the file of learned District Munsif, Palladam. Petitioners are defendants in such suit. The suit has been filed seeking a declaration declaring the right and title of plaintiff to the suit property and for other reliefs. In such suit, defendants have filed I.A.No.179 of 2016 towards recalling DW-2 for further examination. The Court below, under the impugned order, has dismissed such application. Hence, this revision.

3. Heard learned counsel for petitioners and learned counsel for defendants.

4. In dismissing the application, the Court below has informed that the suit is of the year 2004 and that though there was an opportunity for the defendants to further examine DW-2, they have failed to avail the same. This Court finds no error in the order under challenge.

The Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

14.06.2016 Index:yes/no Internet:yes gm To The District Munsif, Palladam.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.1696 of 2016 14.06.2016