Umapathi v. Sumathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 27550 OF 2025 Umapathi S/o. Loganatha, Pattanur Village, Vanur Taluk, Villupuram District.

..Petitioner(s) Vs

1. Sumathi W/o. Anbazhagan, No.23, Puthu Street, Manapattu Pett, Bakur Komune, Puducherry.

2. Rajeswari W/o. Hariharakumar, No.18/15, Valluvar Street, Jaganathan Nagar, Arumpakkam, Chennai - 106.

3. The District Registrar District Registrar Office, Gingee Road, Tindivanam, Villupuram District.

4. The Sub Registrar Vanur, Villupuram District.

..Respondent(s) PRAYER Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the order and decree dated 03.09.2025 made in IA No.11 of 2025 in OS No.118 of 2023 on the file of the Court of II Additional District Judge, Tindivanam, by allowing this CRP.

For Petitioner(s):

Mr.T. Dhanasekaran For Respondent(s):

Mr.R.Revathy For R1 R2 - Vacated Mr.C.Sathish Government Advocate For R3 And R4

ORDER

Challenging the impugned order passed in I.A.No.11 of 2025 in O.S.No.118 of 2023 by the learned II Additional District Judge, Tindivanam, the Revision Petitioner/plaintiff preferred this Civil Revision Petition.

2. Before the trial court, the Revision Petitioner/plaintiff filed an application to issue summons to the Tahsildar, Vanur as well as Assistant Engineer, TANGEDCO, Thiruchitrambalam, Vanur Taluk to examine them in order to prove the cancellation of patta and the cancellation of electricity assessment. But, the trial judge failed to consider the same and erroneously dismissed the application. Aggrieved over that, this Civil Revision Petition has been filed.

3. On perusal of records, it is seen that now the trial has begun. At this stage, the revision petitioner/plaintiff filed an application to issue summons to the Tahsildar, Vanur and the Assistant Engineer, TANGEDCO, Thiruchitrambalam, Vanur to examine them as witnesses and the respondents 1 and 2 are also ready for trial. Therefore, by issuing summons on the side of revision petitioner/plaintiff, he is entitled to examine them as witnesses. But the

trial judge failed to grant such opportunity. Considering that, this Court is inclined to set aside the findings rendered in I.A.No.11 of 2025 in O.S.No.118 of 2023 by the II Additional District Judge, Tindivanam. Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed.

27-03-2026 Index: Yes/No Speaking/Non-speaking order RPP To The II Additional District Judge, Tindivanam.

T.V.THAMILSELVI J.

RPP AND CMP NO. 27550 OF 2025 27-03-2026