Madras High CourtCRP(MD)/825/2024disposed of

R.Senthil Kumar v. Mohamed Riyal

2024-04-03Honourable Mr Justice P.D.Audikesavalu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and C.M.P. (MD) Nos. 4617 and 4618 of 2024 R. Senthil Kumar ... Petitioner in both petitions -vsMohamed Riyal ... Respondent in both petitions COMMON PRAYER:- Civil Revision Petitions filed under Article 227 of the Constitution of India, 1950, to set aside the ex and common fair order dated 02.02.2024 passed in I.A. Nos. 1 and 2 of 2023 in R.L.T.O.P. No. 93 of 2022 on the file of the First Additional District Munsif, Madurai Town. In both Petitions:

For Petitioner : Mr. V.Ramakrishnan For Respondent : Mr. D.Malaichamy 1/4

COMMON ORDER Heard Mr. V.Ramakrishnan, Learned Counsel for the Petitioner and Mr. D.Malaichamy, Learned Counsel for the Respondent and and perused the materials placed on record, apart from the pleadings of the parties. 2.

It is represented that in terms of the order dated 28.03.2024 passed by this Court, the Petitioner has paid aggregate costs of Rs.5,000/- (Rupees Five Thousand only) to the Learned Counsel for the Respondent, who has received it without prejudice to the contentions of the Respondent on the merits of the controversy involved in R.L.T.O.P. No. 93 of 2022 and he has made an endorsement to that effect in the court record. 3.

In that circumstances, the impugned orders dated 02.02.2024 in I.A. Nos. 1 and 2 of 2023 in R.L.O.T. No. 93 of 2022 passed by the First Additional District Munsif, Madurai, are set aside, and accepting the reasons stated in the affidavit filed in support of the applications to re-call P.W.1 for crossexamination and to re-open the evidence in Petitioner's side in R.L.T.O.P. No. 93 of 2022, the same are ordered. It shall be ensured by the Trial Court that there are atleast two effective hearings every month showing progress of the 2/4

case and quarterly reports are sent by the Trial Court to the Registrar (Judicial) of the Court till final orders are passed in R.L.T.O.P. No. 93 of 2022. In the result, these Civil Revision Petitions are disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No Costs.

03.04.2024 Index : Yes/No Internet : Yes/No PKN/ta To

1. The First Additional District Munsif, Madurai Town

2. The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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P.D. AUDIKESAVALU, J.

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