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Madras High CourtCRP/3774/2016dismissed

S.Vatsala v. K.Madhusoodhanan

2016-12-19Honourable Mrs Justice Pushpa Sathyanarayana5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2016

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA C.R.P. (PD) No.3774 of 2016 and C.M.P.No.19188 of 2016 S.Vatsala ...

Petitioner Vs.

1.K.Madhusoodhanan 2.B.Nirmaladevi ...

Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 12.08.2016 in I.A. No.400 of 2016 in O.S. No.37 of 2013 on the file of the District Munsif, Tambaram.

For petitioner :

Mr.N.Selvarajan For respondents :

Mr.T.Kishorekumar

O R D E R

The defendant in O.S. No.37 of 2013 on the file of the District Munsif, Tambaram is the revision petitioner.

2.The said suit is filed for ejectment. When the case is posted for arguments, the petitioner filed I.A. No.400 of 2016 to re-open the case and to examine the further witness on his side. On the side of the

plaintiffs, P.W.-1 was examined and Exs.A-1 to A-19 were marked and on the side of the defendant D.W.-1 and D.W.-2 were examined and Exs.B-1 to B-21 were marked.

3.Learned District Munsif dismissed the said application on the ground that the petitioner has stated only that he want to examine one person, who had worked as servant maid, but, no particulars of the said person has been given.

4.Even in this revision, learned counsel for the petitioner is unable to say or give the particulars of the person, who is to be summoned and examined. The Case Diary furnished by the counsel for the respondents only shows that the matter has been posted for arguments as early in the month September 2015 and at the instance of the defendant, the same has been adjourned from time to time. Therefore, the attitude and conduct of the petitioner/defendant shows that he is drag on the proceedings and he is not interested in giving quietus to the revision.

5.The District Munsif is directed to hear the arguments and pronounce the judgment on or before 31.03.2017.

6.The Civil Revision Petition is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed. 19.12.2016 Index : Yes/No vga To The District Munsif, Tambaram

PUSHPA SATHYANARAYANA,J.

vga C.R.P. (PD) No.3774 of 2016 and C.M.P.No.19188 of 2016

19.12.2016 http://www.judis.nic.in