K.Shanmugam v. K.Karuppannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.18093 of 2018

1. K.Shanmugam

2. Yuvaraj

3. Karthik ... Petitioners Vs.

K.Karuppanan ... Respondent Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 27.02.2018 made in I.A.No.133 of 2018 in O.S.No.3 of 2012 on the file of the learned Subordinate Judge, Bhavani.

For Petitioner : Mr.N.Manokaran For Respondent : Mr.A.Ganapatheeswaran

ORDER

The Civil Revision Petition is directed as against the fair and decreetal order dated 27.02.2018 passed by the learned Subordinate Judge, Bhavani, in I.A.No.133 of 2018 in O.S.No.3 of 2012, thereby dismissing the petition seeking permission to file additional written statement. 2.

The petitioners are the defendants and the respondent is the plaintiff. The respondent filed suit for specific performance on the strength of the sale agreement dated 30.12.2008. While P.W.1 was in box for crossexamination, that too after the partial cross-examination, the petitioners filed petition seeking permission to permit them to file additional written statement. After filing the written statement and after partial crossexamination of P.W.1, the present petition has been filed. It is nothing but to fill up the lacuna and it cannot be permitted. Therefore, the trial Court rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the Court below.

3.

Accordingly, this Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

17.06.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts To

1. The Subordinate Judge, Bhavani.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts and C.M.P.No.18093 of 2018 17.06.2021