Madras High CourtCRP(MD)/2528/2017dismissed

R.C. Diocese v. The C.S.I. Mission

2017-12-21Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD) No.2528, 2529 and 2530 of 2017 and C.M.P.(MD) No.11841 of 2017 1.R.C.Diocese, Madurai, Through its Procurator, Fr.Y.Arockiam 2.Anthonysamy(died) ... Petitioners/Petitioners/Defendants (In three petitions) -Vs1. The C.S.I. Mission, through its property officer, Gunasingh Mariappan, Ramnad Madurai C.S.I.Mission Office, East Gate, Madurai - 1.

2.N.Vedanayagam 3.Thenninthiya Thiruchubai Trust Association, through its Property Officer .. Respondents/Respondents/Plaintiffs (In three petitions) Prayer in three petitions: Civil Revision Petitions filed under Article 227 of Constitution of India against the order dated 05.04.2017 in I.A.Nos.502, 503 and 504 of 2016 in O.S.No.44 of 2002 on the file of the Additional District Munsif, Aruppukkottai. For Petitioners :

Mr.F.X.Eugene COMMON ORDER The Civil Revision Petitions have been filed against the order dated 05.04.2017 made in I.A.Nos.502, 503 and 504 of 2016 in O.S.No.44 of 2002 on the file of the Additional District Munsif Court, Aruppukkottai.

2.The revision petitioners are the plaintiffs in the suit. The suit is one for declaration and permanent injunction. The suit was one between two religious institutions. The suit was filed way back in the year 2002 and the plaintiffs closed their evidence as early as in 2011. The matter was posted for argument. At that stage, https://hcservices.ecourts.gov.in/hcservices/

the suit was re-opened. Fourteen years after filing of the suit, the revision petitioners have filed I.A.Nos.502, 503 and 504 of 2016 for introducing certain documents. There is no reference to the same either in the pleadings or in the evidence of the plaintiffs. Therefore, the trial court dismissed the same as belated and as an attempt to drag on the proceedings. The reasons given by the trial court for dismissing the Interlocutory Applications are sound. I find no reason to interfere with the order of the lower court. Hence, the Civil Revision Petitions are dismissed. No costs. Consequently, connected C.M.P.(MD) No.11841 of 2017 is also dismissed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Additional District Munsif, Aruppukkottai. + 3 CC TO Mr.F.X.EUGENE, ADVOCATE IN SR No. 94371 to 94373 CM TE/SV-MMS/SAR-4 : 18/01/2018 : 2P/5C C.R.P.(MD) Nos.2528, 2529 and 2530 of 2017 and C.M.P.(MD) No.11841 of 2017 21.12.2017 https://hcservices.ecourts.gov.in/hcservices/