Madras High CourtCRP(MD)/457/2018allowed

R. Padmavathy, v. S. Rajeswari

2018-09-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.457 of 2018 and C.M.P.(MD)No.2025 of 2018 1.R.Padmavathy 2.R.Jayakumar 3.R.Karthikeyan 4.R.Rengarajan ... Petitioners Vs.

1.S.Rajeswari 2.R.Jayabalasubramanian ... Respondents PRAYER : Petition filed under Article 227 of Constitution of India, to allow the Civil Revision Petition thereby setting aside the order and decree dated 30.10.2017 passed in I.A.S.R.No.1147 of 2017 in O.S.No.1643 of 2007 on the file of II Additional District Munsif Court, Trichy.

For petitioners : Mr.P.Sivachandran For R1 : Mr.R.Sundar

ORDER

********* The defendants in O.S.No.1643 of 2007 on the file of the II Additional District Munsif Court, Trichirappalli, are the revision petitioners herein. This is a suit for declaration and recovery of possession.

2.The suit is of the year 2007. The plaintiffs side was over on 14.09.2016.

Thereafter, the defendants kept on protracting the matter. That is why, the Court below, out of sheer exasperation declined to reopen their side. The reason given by the Court below cannot said to be incorrect. 3.However, to give a final opportunity to the revision petitioners, the order impugned in this Civil Revision Petition is set aside.

4.The learned counsel for the revision petitioner submits that on the next hearing date, the defendants would examine exactly two witnesses and complete their side. Ofcourse, the plaintiff will have to complete the cross examination also. In any event, examination and cross examination of the witnesses will not spill over beyond the next day. In other words, within two days, the entire defence side should be completed. Since, the https://hcservices.ecourts.gov.in/hcservices/

suit is of the year 2007, the Court below shall dispose of the suit within a period of two months from the date of receipt of a copy of this order.

5.Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The II Additional District Munsif Court, Trichirappalli.

2. The Record Keeper,(2 copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.Sundar, Advocate Sr.No.84874 +1cc to Mr.P.Sivachandran, Advocate Sr.No.85072 PNN VB/SKN/SAR4/31.10.2018/2P/6C ORDER MADE IN C.R.P.(PD)(MD).No.457 of 2018 and C.M.P.(MD)No.2025 of 2018 18.09.2018 https://hcservices.ecourts.gov.in/hcservices/