M/S.Farm Minerals And Chemical v. Murugammal,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P(MD)Nos.1462 and 1463 of 2016(PD) and C.M.P.(MD).No.7159 of 2016 M/s.Farm Minerals and Chemical Pvt. Ltd., represented through its Authorised Agent, Mr.D.Dharmaraj .. Petitioner in both cases Vs.
1.Murugammal 2.Sankari 3.The President Muneerpallam Panchayat, Muneerpallam, Tirunelveli District.
4.The Block Development Officer, Palayamkottai Panchayat, Panchayat Union, Palayamkottai.
5.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli.
..Respondents in both cases Common Prayer : These Civil Revision Petitions are filed under Article 227 of the Constitution of India, praying to allow the Civil Revision Petitions and set aside the fair and decretal order passed in I.A.Nos.193 and 194 of 2016 in O.S.No.9 of 2009 dated 20.04.2016 on the file of the Principal Sub Court, Tirunelveli. For Petitioner : Mr.C.Godwin in both cases For Respondents : Mr.G.Prabhu Rajadurai for RR 1 and 2 in both cases Mr.Aayiram K Selvakumar Government Advocate for RR 3 and 4 in both cases Mr.G.Muthukannan Government Advocate for R5 in both cases
ORDER
These revisions arise out of the orders passed by the learned Principal Sub Judge, Tirunelveli, in I.A.Nos.193 and 194 of 2016 in O.S.No.9 of 2009.
2. The petitioner is the plaintiff in O.S.No.9 of 2009, which was filed against the respondents for declaration of the suit schedule property exclusively belonged to the plaintiff and for consequential recovery of possession and for permanent injunction. Pending suit, the plaintiff filed the applications in I.A.Nos.193 and 194 of 2016 to reopen the case and to recall PW1 for further examination and they were dismissed by the learned Principal Sub Judge, Tirunelveli. Aggrieved by the orders, the present revisions have been filed.
3. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents and perused the records.
4. Mr.G.Prabhu Rajadurai, learned counsel appearing for the contesting respondents 1 and 2 would submit that they have no objection for allowing the application and a time limit may be fixed for examination of the witnesses.
5. The learned Government Advocate appearing for the respondents 3 and 4 and the learned Government Advocate appearing for the fifth respondent have also no objection to allow this petition.
6. Considering the above submissions, these revision petitions are allowed and the order passed in I.A.Nos.193 and 194 of 2016 are set aside. The plaintiff shall complete the examination of PW1 within a period of three weeks from the date of receipt of a copy of this order.
7. The learned Principal Subordinate Judge, Tirunelveli, shall dispose of the suit in O.S.No.9 of 2009 within a period of four weeks therefrom.
8. With the above direction, these Civil Revision Petitions are disposed of. Consequently, connected miscellaneous petition is closed. No Costs.
Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar
To The Principal Sub Court, Tirunelveli.
+1 CC to M/s.C.GODWIN, Advocate, SR No.48621 +1 CC to M/s.G.PRABHU RAJADURAI, Advocate, SR No.49058 C.R.P(MD)Nos.1462 and 1463 of 2016(PD) PJL SH/DB:03.10.2016:2P/4C