M.Lakshmi And 3 Others v. C.Muniraj
A.Nos.4728 to 4730 of 2024 in C.S.No.170 of 2019 RMT.TEEKAA RAMAN, J.
A.No.4728 of 2024 has been filed to re-open the petitioner/DW1's evidence closed on 18.06.2024 in C.S.No.170 of 2019; A.No.4729 of 2024 has been filed to re-call the petitioner/DW1's evidence in C.S.No.170 of 2019 and A.No.4730 of 2024 has been filed to receive the additional document Nos.1 to 14 and to mark the same as Exs.D8 to D21 filed by the applicant/plaintiff in C.S.No.170 of 2019.
2. The plaintiff examined himself as PW1 and marked Exs.P1 to P26. On the side of the defendants, 2nd defendant examined herself as DW1 and marked Exs.D1 to D7 and defendant's side was closed on 18.06.2024. Now these three applications have been filed for the above said prayers.
3. The learned counsel for the applicants / defendants would submit that in view of the certain question put in the cross examination, it is necessary for the applicants/defendants to file above applications. The learned counsel for the respondent / plaintiff resisted the same contending that those documents are already available with them even at the time of filing of the suit and some of the documents are suit documents filed before the Trial Court. 1/3
4. Taking into consideration, the nature of the lis between the parties, and the dispute is that as far as the plaintiff, he is the legalheir of C.K.Ganesan and as per the defendants, the father -in-law of the first defendant is Ganesan. Who is the legalheir of late Ganesan is disputed?. To resolve the dispute, it is necessary to mark the necessary documents. Hence, in the interest of justice, all these petitions are allowed on payment of cost of Rs.1,500/- to be payable to the learned counsel for the respondent, within a period of two (2) weeks from the date of receipt of copy of this order.
5. Post the matter before the learned Master on 20.11.2024 for recording of further evidence of DW1.
6. After recording evidence, the matter may be listed before this Court. 23.10.2024 rgr 2/3
RMT.TEEKAA RAMAN, J.
rgr A.Nos.4728 to 4730 of 2024 in C.S.No.170 of 2019 23.10.2024 3/3