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Madras High CourtCRP/3395/2026dismissed

Andammal (Deceased) 1. Lakshmi v. Shanmugam

2026-06-18Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE CRP Nos. 3395 & 3396 of 2026 AND CMP NO.14764 OF 2026 1.Andammal (Deceased)

1. Lakshmi

2. Rajamani

3. Duraisamy

4. Thendabani Petitioners in both cases Vs Shanmugam Respondent in both cases PRAYER To set aside the fair and decretal order dated 07.02.2026 made in IA.No.12 of 2025 in OS.No.152 of 2013 on the file of Ld District Munsif Court, Dharapuram.

CRP No. 3396 of 2026 PRAYER To set aside the fair and decretal order dated 07.02.2026 made in IA.No.11 of 2025 in OS.No.152 of 2013 on the file of Ld District Munsif Court, Dharapuram.

For Petitioner(s):

Mr.N.Ponraj COMMON ORDER These Civil Revision Petitions have been filed, challenging the impugned order dated 07.02.2026 rejecting the applications filed by the petitioners seeking

to re-open the defendants' side evidence and for examination of the Village Administrative Officer.

2.The petitioners are the defendants in the suit O.S. No.152 of 2013 on the file of the District Munsif Court, Dharapuram. The respondent is the first plaintiff. The suit was filed for partition and for separate possession. The trial commenced and it got over and at the arguments stage of the suit, I.A. Nos.11 and 12 of 2025 were filed by the petitioners seeking to re-open the defendants' side evidence and for examination of the Village Administrative Officer. 3.The Trial Court dismissed the aforesaid applications on the ground that those applications were filed by the petitioners belatedly in the arguments stage. The petitioners, who are the defendants in the suit, claim that there is a necessity to examine the Village Administrative Officer as a witness to substantiate the defence raised by the petitioners in the suit.

The initial burden of proof is on the plaintiffs to prove the suit claim. The petitioners will have to disprove the suit claim through their oral and documentary evidence. The petitioners have chosen to file the applications seeking to reopen the defendants' side evidence and to examine the Village Administrative Officer at the arguments stage in the main suit. No reason has been given by the petitioners for not having filed the applications to examine the Village Administrative Officer at the earliest point of time. The suit is of the year 2013.

since the filing of the suit. The Trial Court, under the impugned order, has rightly dismissed the applications filed by the petitioners on the ground that they have been filed belatedly only at the time of arguments in the main suit. 4.This court does not find any infirmity in the reasons given by the Trial Court for dismissing the applications. Accordingly, there is no merit in these Civil Revision Petitions and both the Civil Revision Petitions are dismissed. Consequently, connected CMP is closed. No costs. 18-06-2026 Vga Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Munsif Court, Dharapuram.

2.The Section Officer, VR Section, High Court, Madras.

ABDUL QUDDHOSE J.

vga CRP Nos. 3395 & 3396 of 2026 AND CMP NO.14764 OF 2026 18-06-2026