Madras High CourtCRP/2707/2019dismissed

Rajeswary v. Chanemougavadivou

2019-08-26Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) Nos.2707,2708 & 2709 OF 2019 and C.M.P.No.17824,17826 & 17827 OF 2019 1.Rajeswary 2.Murugan @ Adavan 3.Prabakaran 4.Gunalan 5.Anandaraj 6.Dayanithi ... Petitioners in all CRP's Vs.

Chanemougavadivou ... Respondent in all CRP's PRAYER in all CRP's: Civil Revision Petitions filed under Article 227 of Constitution of India praying to set aside the fair and decreetal order dated 26.04.2019 passed in I.A.Nos.969,970 & 971 of 2018 in O.S.No.141 of 2012, respectively, by the II Additional District Judge, Puducherry.

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For Petitioners : Mr.P.Amarnath [in all CRP's] For Respondent : Mr.K.S.Karthik Raja [in all CRP's] C O M M O N O R D E R These Civil Revision Petitions are directed against the dismissal of the Interlocutory Applications for reopening the defendant's side evidence, to recall D.W.2. and to receive additional documents.

2. The Trial Court observed that when the matter is reserved for judgment, the relief sought for cannot be maintained. Further on merits also it was found that the document, which is sought to be marked has no relevance to the issue of partition. Hence, dismissed the petition and dismissed all the three Interlocutory Applications. Aggrieved over the same, the revision petitions are filed.

3. As rightly observed by the Trial Court, the suit is at the stage of pronouncing the judgment. At this stage, the petitioners cannot maintain the petition. Considering the same, the order passed by the lower Court is hereby confirmed. The Civil Revision Petitions merits no consideration and dismissed. No costs. Consequently, connected civil miscellaneous 2/4

petitions are closed.

4. If the matter is pending for arguments before the trial Court, it is open to the petitioners to raise all these issues at the time of arguments before the Trial Court.

26.08.2019 bkn Index: Yes/No Speaking order / Non speaking order To 1.The II Additional District Judge, Puducherry. 3/4

M.GOVINDARAJ, J bkn C.R.P.(PD) Nos.2707,2708 & 2709 OF 2019 and C.M.P.No.17824,17826 & 17827 OF 2019 26.08.2019 4/4