Karuppusamy Gounder v. Mylathal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.02.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.(PD).No.3505 of 2018 M. Karuppusamy Gounder ... Petitioner/Petitioner/Defendant -vs1.Mylathal 2.Annapoorani ...

Respondents/Respondents /Plaintiffs PRAYER:

Civil Revision Petition filed under Article 227 of Constitution of India, against the Fair Order and Decreetal Order dated 05.09.2018 made in I.A.No.930 of 2018 in O.S.No.202 of 2012 on the file of the Court of the Subordinate Judge, Pollachi.

For Petitioner :

Mr.R. Nandhakumar For Respondents :

Mr. Dr. Arun Kumar ******

ORDER

The above Civil Revision Petition is filed challenging the order of the learned Subordinate Judge, Pollachi passed in I.A.No.930 of 2018 in O.S.No.202 of 2012, dismissing the application filed by the

petitioner/defendant for recalling PW1 for further cross examination after the matter was posted for arguments.

2. When the matter was called, Dr. Arun Kumar, learned counsel appearing on behalf of respondents submits that he has instructions to state that the respondents have no objection for the Civil Revision Petition being allowed.

3. Accordingly the order passed in I.A.No.930 of 2018 in O.S.No.202 of 2012, is set aside and a direction is given to the learned Subordinate Judge, Pollachi to take up the cross examination of PW1 on the next date of hearing after the receipt or production of the copy of this order by either side. The revision petitioner/defendant shall cross examine PW1 on the very same day, failing which this order granting him permission to cross examine PW1 shall elapse. Thereafter the learned Judge shall proceed to dispose of the petition within one month of the completion of the cross examination of PW1. 12.02.2019 jrs Index : Yes/No Internet : Yes / No Speaking/non-speaking order

To The learned Subordinate Judge, Pollachi.

P.T.ASHA.J, jrs C.R.P.(PD).No.3505 of 2018 12.02.2019