V.Narendran v. Roshini Constructions

CRP NO. 1756 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-02-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR CRP NO. 1756 of 2023 V.Narendran S/o Late Venugopal, No 25/12, Loco 2nd Scheme, Jawahar Nagar, Chennai 600 082.

Petitioner(s) Vs Roshini Constructions Rep by its Sole Proprietor A.Velan Kannan, No 21, Ashoka Avenue, 1st Main Road, Periyar Nagar, Chennai 600 082. Respondent(s) Prayer: Civil Revision Petition filed under 227 Constitution of India, praying to set aside the fair and decreetal order dated 01.03.2023 made in I.A.No.6 of 2023 in O.S.No.172 of 2018 on the file of the Additional District Munsif at Poonamallee. For Petitioner(s):

Mr. R.Prabakar, For Respondent(s):

Mr.M.Stalin

ORDER

The Civil Revision Petitioner/defendant has filed the application for filing an additional written statement and same was dismissed by the trial court. Challenging the same, the present civil revision petition is filed.

2. The contention of the plaintiff/respondent herein before the trial Court is that the

amendment application was filed in the suit in O.S.No. 172 of 2018 where the defendant has filed his objection and has not chosen to give proper explanation in the written statement. Thereafter, after a lapse of 5 years, the defendant had filed an application for filing the additional written statement.

3. Learned counsel for the respondent/plaintiff would contend that this application was filed after a period of 5 years only to fill up the lacunae. In the said suit, issues were framed and posted for trial. In view of the same, there is no reason to interfere with the impugned order of the trial Court.

4. Considering the facts and circumstances of the case, the present Civil Revision Petition is dismissed. As the suit is of the year 2018, the Trial Court is directed to dispose of the suit as expeditiously as possible, preferably, within a period of one year from the date of receipt of a copy of this order.

14-02-2025 msv Index:Yes/No Internet:yes/No Speaking order: Non-speaking order

N.SENTHILKUMAR,J.

Msv CRP NO. 1756 of 2023

14-02-2025