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Madras High CourtCRP(MD)/950/2022dismissed

Senthilkumar v. Kavitha

2022-04-26Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRP(MD).No.950 of 2022 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.ANANTHI CRP(MD).No.950 of 2022 and CMP(MD).No.3760 of 2022 Senthilkumar .. Petitioner / Petitioner/ 2nd Defendant Vs.

1.Kavitha ...1st Respondent/ 1st Respondent/ Plaintiff 2.Meerasankaran 3.Pakirisamy .. Respondents 2 & 3/ Respondents 2 & 3/ Defendants 1 & 3 Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order, dated 24.11.2021 made in I.A.No.170 of 2020 in O.S.No.47 of 2011 on the file of the Subordinate Judge, Pattukkottai, Thanjavur District. For Petitioner : Ms.M.Viji For 1st respondent : M/s.M.Kanchammal

ORDER

The revision petitioner / 2nd defendant filed this revision to the set aside the order, dated 24.11.2021 made in I.A.No.170 of 2020 in O.S.No.47 of 2011 on the file of the Subordinate Judge, Pattukkottai.

2.Heard the learned counsel appearing for the petitioner and the counsel for the first respondent.

3. The said I.A.No.170 of 2020 in O.S.No47 of 2011 was filed by this petitioner to examine the first defendant as witness. The first defendant is the mother of the plaintiff and the defendants 2 and 3. She filed counter and refused to give evidence. 4.The party cannot be forced to give evidence on behalf of other party. So, the trial Court has rightly dismissed the Interlocutory Application. Hence, this Court is not inclined to interfere with the order passed by the Court below. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD).No.950 of 2022 and

5. Accordingly, this Civil Revision Petition is dismissed by confirming the order, dated 24.11.2021 made in I.A.No.170 of 2020 in O.S.No.47 of 2011 on the file of the Subordinate Judge, Pattukkottai. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Subordinate Judge, Pattukkottai.

+1 CC to M/s.S.DEENADHAYALAN, Advocate (SR-21563[F]dated 27/04/2022) CRP(MD).No.950 of 2022 and CMP(MD).No.3760 of 2022 26.04.2022 trp MS/06.05.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2