P.G.Murugesan v. G.L.Muniraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2022

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.Nos.15456 & 15457 of 2019 P.G.Murugesan ... Petitioner in both C.R.Ps Vs.

1. G.L.Muniraj

2. G.L.Venkatachalam

3. G.L.Asaithambi

4. G.L.Seenivasan

5. G.L.Thiruvalluvan

6. G.L.Azaghusingam ... Respondents in both C.R.Ps Common Prayer :- Civil Revision Petitions filed under Article 227 of the Constitution of India, to direct the learned Additional District Judge, Dharmapuri to number the unnumbered interlocutory application in I.A.SR.Nos.554 & 555 of 2019 respectively, in O.S.No.47 of 2014 on the file of the Additional District Judge, Dharmapuri and the same may be disposed accordance with law.

For Petitioner in both CRPs : Mr.V.Sakkarapani For Respondents in both CRPs : No appearance

COMMON ORDER These Civil Revision Petitions have been filed to direct the learned Additional District Judge, Dharmapuri to number the unnumbered interlocutory applications in I.A.SR.Nos.554 & 555 of 2019 respectively, in O.S.No.47 of 2014 on his file and dispose the same in accordance with law. 2.

The petitioner is the plaintiff and the respondents are the defendants. The petitioner filed suit in O.S.No.47 of 2014 for specific performance. After examination of D.W.5, the petitioner filed applications to reopen and recall D.W.5 for the purpose of cross-examination of D.W.5. However, the said applications were kept pending by the trial Court without even numbering.

3.

Heard Mr.V.Sakkarapani, learned counsel appearing for the petitioner. Though notice served, no one is appeared on behalf of the respondents either in person or through pleader.

4.

Considering the facts and circumstances, the trial Court viz., the Additional District Judge, Dharmapuri, is directed to number the applications to reopen and recall D.W.5, within a period of two weeks from the date of receipt of a copy of this Order and pass orders on merits and in accordance with law, within a period of four weeks from the date of numbering the applications.

5.

With the above directions, both the Civil Revision Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

19.12.2022 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Additional District Judge, Dharmapuri.

and C.M.P.Nos.15456 & 15457 of 2019 19.12.2022