Madras High CourtCRP/3547/2018dismissed

Krishnasamy Gounder v. C.Kuppusamy

2021-07-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and CMP No.19850 of 2018 CRP.No.3547 of 2018 Krishnasamy Gounder ...

Petitioner Vs 1.C.Kuppusamy 2.C.Thangaraj ...

Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 03.03.2018 passed in IA.No.1191 of 2017 in OS.No.352 of 2009 on the file of the District Munsif Court, Dharapuram, Tiruppur District For Petitioner : Mr.L.Ramanathan for M/s.Swaraj Associates For Respondents : Mr.M.Guruprasad CRP.No.3548 of 2018 Krishnasamy Gounder ...

Petitioner Vs 1/4

1.C.Kuppusamy 2.C.Thangaraj ...

Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and final order dated 03.03.2018 passed in IA.No.1192 of 2017 in OS.No.352 of 2009 on the file of the District Munsif Court, Dharapuram, Tiruppur District For Petitioner : Mr.L.Ramanathan for M/s.Swaraj Associates For Respondents : Mr.M.Guruprasad COMMON ORDER The Civil Revision Petitions are filed against the fair and decretal order dated 03.03.2018 passed in IA.No.1191 of 2017 in OS.No.352 of 2009 on the file of the District Munsif Court, Dharapuram, Tiruppur District; and against the fair and final order dated 03.03.2018 passed in IA.No.1192 of 2017 in OS.No.352 of 2009 on the file of the District Munsif Court, Dharapuram, Tiruppur District.

2. In both the civil revision petitions, the petitioner is the defendant and the respondents are the plaintiffs. The respondents filed suit for declaration and partition. After examination of both side evidence, the petitioner filed petition to reopen and recall of PW1. Admittedly, the suit 2/4

was posted for arguments. At that juncture, the petitioner filed petition to reopen and recall PW1 for further cross examination.

3. The court below rightly dismissed the petitions for the reason that it is nothing but filling up of lacuna and dragging the proceedings. Therefore, this Court finds no merits in the civil revision petitions.

4. Accordingly, both the civil revision petitions are dismissed. Consequently, connected miscellaneous petition is closed. No order as to costs.

02.07.2021 lok Index:Yes/No Internet:Yes/No Speaking Order: Yes/No 3/4

G.K.ILANTHIRAIYAN,J.

lok To The District Munsif, Dharapuram, Tiruppur District 02.07.2021 4/4