G.R.Kannan v. N.Nalini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN C.R.P(MD).No.2271 of 2015 and M.P(MD).No. 1 of 2015 1.G.R.Kannan 2.Marimuthu 3.P.Punitha .. Petitioners/Petitioners/ Defendants 3,4&6 Vs.

1.N.Nalini 2.K.Gowri 3.R.Bavani 4.Thirumalaisamy 5.Shanumugasundaram 6.M.Pandian .. Respondents 4 to 6/ Respondents 4 to 6/ Defendants 1, 2 and 5 Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.370 of 2015 in O.S.No. 80 of 2012 dated 20.07.2015 on the file of the District Munsif Court, Nilakkottai. For Petitioners ...

Mr. R. Rajaraman For R1 to R3 ...

No appearance For R4 ...

Given up

ORDER

The petitioners have filed the present Civil Revision Petition against the fair and decreetal order passed in I.A.No.370 of 2015 in O.S.No. 80 of 2012 dated 20.07.2015 on the file of the District Munsif Court, Nilakkottai.

2. Heard the learned counsel appearing for the petitioner. When the matter was taken up for hearing on 07.06.2018, there was no representation on behalf of the respondents and hence, the matter is posted today under the caption "for orders". Today also there is no representation on behalf of the respondents.

3. Since the petitioner has filed an Interlocutory Application in I.A.No. 370 of 2015 in O.S.No. 80 of 2012, to re-open the evidence on the side of the defendants and to permit them to adduce the evidence, this Court is inclined to allow this Civil Revision Petition.

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4. In the result, (a) this Civil Revision Petition is allowed by setting aside the order dated, 20.07.2015 passed in I.A.No. 370 of 2015 in O.S.No. 80 of 2012, by the learned District Munsif, Nilakkottai. (b) The petitioners are directed to complete the evidence of the defendant Nos. 3, 4 and 6, before the Trial Court, within a period of two weeks from the date of receipt of a copy of this order.

(c) The respondents are given liberty to cross-examine the defendants.

(c) After taking evidence, within a period of two weeks as fixed by this Court, the trial Court is directed to dispose of the said suit in O.S.No.80 of 2012, within a period of three months, thereafter.

No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The District Munsif, Nilakkottai.

+ 1 CC TO Mr.R.RAJARAMAN, ADVOCATE IN SR No. 67722 TRP TE/SB/SAR-2 : 09/07/2018 : 2P/3C C.R.P(MD).No.2271 of 2015 and M.P(MD).No. 1 of 2015 11.06.2018 https://hcservices.ecourts.gov.in/hcservices/