Azhagesan (Died) 1.Ganeshan v. Amirtham (Died) 1.Ganesan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.956 of 2025 Azhagesan (Died) 1.Ganeshan 2.Chandrasekaran
...Petitioners/Petitioners/Plaintiffs
Vs.
Amirthan (Died) 1.Ganeshan 2.Chandra Sekar 3.Vijayakumar @ Vadivel 4.Kavitha 5.Geetha 6.Jeya
...Respondents/Respondents/Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 13-12-2024 made in I.A.No. 5 of 2024 in O.S.No.185 of 2023 on the file of the District Munsif cum Judicial Magistrate Ponnamaravathy, and allow the above C.R.P. For Petitioner : Mr.V.Selvakumar * * * * * 1/3
ORDER
The plaintiffs in O.S.No.185 of 2023, on the file of the District Munsif cum Judicial Magistrate Court, Ponnamaravathy, have filed the present revision petition, challenging the dismissal of their application to reopen their side to examine one Mr.Chockalingam.
2.It could be seen from the records that the suit has been filed for the relief of declaration of title and permanent injunction. When the suit is posted for arguments, the plaintiffs had filed I.A.No.501 of 2018, for reopening the plaintiff side and that was allowed. Thereafter, the plaintiff has filed I.A.No.4 of 2024, that application was also allowed on payment of cost. Both the suits are pending for the past 14 years, the present application has been filed in I.A.No.5 of 2024, to examine one Mr.Chockalingam. The trial Court has rightly dismissed the application on the ground that the plaintiffs are in habit of filing reopening application in the arguments stage. 3.Therefore, there are no merits in the revision petition. Accordingly, the Civil Revision Petition stands dismissed. No costs. 26.03.2025 Internet:Yes/No Index:Yes/No RJR 2/3
R.VIJAYAKUMAR , J.
RJR To The learned District Munsif cum Judicial Magistrate, Ponnamaravathy.
Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
C.R.P.(PD)(MD)No.956 of 2025 26.03.2025 3/3