M.Venkatesh v. M.Muniraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 17255 OF 2025,CRP NO. 3093 OF 2025

1. M.Venkatesh S/o. Muniappa, Kothur Village, Mookandapalli Post, Hosur Taluk, Krishnagiri District.

Petitioner in both CRPs Vs

1. M.Muniraj S/o. Late. Pillamma and Muniyappa No. 1/98, Mornapalli Village, M.G.R College Post, Hosur Taluk, Krishnagiri District.

Respondent in both CRPs PRAYER in CRP No. 3082 of 2025:

This Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Order passed in I.A. No. 16 of 2025 in O.S No. 159 of 2014 dated 19.06.2025 on the file of the Principal Subordinate Court at Hosur,

Krishnagiri District.

PRAYERin CRP No. 3093 of 2025 This Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order passed in IA.No.15 of 2025 in OS.No.159 of 2014, dated 19-06-2025, on the file of the Prl.Subordinate Court at Hosur, Krishnagiri by allowing present CRP.

In both CRPs For Petitioner:

M/s.M.Venkatesh For Respondent:

No appearance COMMON ORDER Heard Mr. M.Venkatesh, learned counsel for the revision petitioners in both the revisions.

2. The revision petitioner has taken out applications in I.A. Nos.15 & 16 of 2025 in O.S.No.159 of 2014, in and by which they had sought permission from the DRO to produce NA.KA.No.8585/14/J2 dated 09.12.2014 and to examine the DRO, as a witness. Both the applications have been dismissed by the trial Court on the ground that there is no pleading with regard to these

proceedings in the written statement.

3. The learned counsel for the petitioner states that earlier the respondent had taken out an application in I.A.No.12/2023, in and whereby the said order of the DRO is eschewed since the same was permitted to be marked without the leave of the court. In the said order, I find that the trial court has granted liberty to the revision petitioner to mark the said document through the RDO Krishnagiri. The Principal Subordinate Court has inadvertently mentioned the statutory authority as the RDO, Krishnagiri, instead of the DRO, Krishnagiri. 4.I find from the application filed by the revision petitioner that it is he specific case where the document has been summoned only from the DRO, Krishnagiri, and not from the RDO, Krishnagiri. Further, when the Court had granted liberty while disposing of I.A.No.

12/2023, the present applications filed by the revision petitioners ought to have been allowed. Unfortunately, without even noticing the liberty granted earlier, the trial Court has proceeded to dismiss the applications. In the light of the above, I am inclined to set aside the order passed in I.A.Nos.15 & 16 of 2025 and consequently, I.A.Nos. 15 & 16 of 2025 shall stand allowed.

5.With the above direction, these civil revision petitions are disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 19-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Principal Subordinate Court at Hosur, Krishnagiri.

P.B.BALAJI J.

jrs AND CMP NO. 17255 OF 2025,CRP NO. 3093 OF 2025 19-08-2025