S.K.Dhar v. The Joint Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).Nos.544, 545, 539 and 541 of 2024 S.K.Dhar ... Petitioner/1st Respondent/Plaintiff in C.R.P.(MD).Nos.119 and 122 of 2024 1.R.Indirani 2.R.Deivendran 3.Janaki 4.Dhanalakshmi 5.Kurunji Meena 6.Chitradevi ... Petitioners/Respondents 1 to 6/Plaintiffs in C.R.P.(MD).Nos.120 and 121 of 2024 Vs.
1.The Joint Commissioner, Hindu Religious and Endowment Department, Madurai.
... 1st Respondent/Petitioner/2nd Defendant in All petitions 2.Arulmigu Perumalswamy Kovil, Through its Poosari, T.Bomminayakkanpatti, Aundipatti Taluk, Theni District.
.. 2nd Respondent/2nd Respondent/ 1st Defendant in All petitions COMMON PRAYER : Civil Revision Petitions are filed under Article 227 of the Constitution of India, to call for the records relating to the fair 1/5
order and decreetal order dated 13.09.2023 passed in I.A.Nos.5 & 6 of 2023 and O.S.No.115 of 2014 and I.A.Nos.5 & 6 of 2023 and O.S.No. 113 of 2014 by the Sub Court, Theni and set aside the same. For Petitioner : Mr.D.Malaichamy For Respondent : Mr.M.Ramesh for R1 Government Advocate (Civil) COMMON ORDER These revision petitions have been filed against the fair order and decreetal order dated 13.09.2023 passed in I.A.Nos.5 & 6 of 2023 and O.S.No.115 of 2014 and I.A.Nos.5 & 6 of 2023 and O.S.No.113 of 2014 by the Sub Court, Theni and set aside the same. 2.A report has been called for from the trial Court as to the record of proceedings. A detailed report is filed, wherein, it has been stated that after the evidences on the side of the plaintiff was over, it was posted for defendants's side evidence.
At that time, DW1 filed chief affidavit on 03.09.2021. Thereafter, it was posted for marking of documents. At that time the interlocutory application was filed to receive additional documents, that was also allowed. But later DW1 failed to appear. Because of his non appearance his evidence was closed on 23.02.
and the matter was posted for arguments on 07.03.2022. On that date written arguments were filed by the plaintiffs. The second defendant was directed to file written arguments. Thereafter on 13.06.2022 the second defendant filed the petition to reopen his side evidence along with a petition to recall DW1. All those applications were allowed on payment of cost and posted for recalling of DW1. Then, pending the above said proceedings on 23.01.2023, the second defendant filed application to reopen the case and recall PW1 for further cross examination. That was also allowed on payment of cost.
3.Now the grievance of the petitioner is that instead of proceed with DW1, PW1 is going to be recalled for cross examination on the side of the second defendant. The grievance of the petitioner appears to be genuine in nature. There shall be a direction to the trial Court to proceed with the examination of DW1. After the defendants' side evidences is over, thereafter, PW1 may be put on box for further cross examination. 3/5
4.With the above said directions, these civil revision petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
29.01.2024 Index :
Yes / No Internet :
Yes / No TM To 1.The Subordinate Judge, Theni.
2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN ,J.
TM 29.01.2024 5/5