Madras High CourtCRP(MD)/1714/2018allowed

Saravanan v. Ponnambalam

2018-10-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.1714 & 1715 of 2018 and C.M.P.(MD)No.7361 of 2018 Saravanan ... Petitioner/Petitioner/ 1st Defendant in both petitions Vs.

1. Ponnambalam ... 1st Respondent/1st Respondent/ Plaintiff in both petitions

2. Selvi

3. Kanagamani

4. Gnanaselvi

5. Ranjitham ... Respondents 2 to 5/ Respondents 2 to 5/ Defendants 2 to 5 in both petitions COMMON PRAYER : Civil Revision Petitions are filed under Article 227 of the Constitution of India, to call for the records relating to the orders and decreetal orders dated 12.12.2017 in I.A.Nos.1410 and 1411 of 2017 in O.S.No.119 of 2011 on the file of the learned District Munsif, Pudukottai and set aside and allow the same.

(in both petitions) For Petitioner : Mr.K.N.Govardhanan For R-1 : Mr.S.Prem Kumar For R-3 to R-5 : No appearance.

COMMON ORDER O.S.No.119 of 2011 on the file of the District Munsif, Pudukottai, was filed by the first respondent herein. It is a suit for partition. After the evidence was adduced on either side, the Revision petitioner herein filed two Interlocutory applications. One is for reopening his side and the other is for recalling himself for adducing further evidence. Both the Interlocutory applications were dismissed by the Court below. Challenging the https://hcservices.ecourts.gov.in/hcservices/

same, these Civil Revision petitions have been filed.

2. Heard the learned counsel on either side.

3. I am of the view that since it is only a suit for partition, the Revision petitioner can be given one more opportunity. In this view of the matter, the orders impugned in these Civil Revision petitions are set aside. The Civil Revisions petition stand allowed, accordingly.

4. The suit is of the year 2011. Therefore, the Court below is directed to conclude the suit proceedings on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The District Munsif, Pudukottai.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.K.N.GOVARDHANAN, ADVOCATE IN SR No. 89594 + 1 CC TO Mr.K.SRINIVASARAGAVAN, ADVOCATE IN SR No. 89502 PMU TE/PM/SAR-4 : 01/11/2018 : 2P/6C C.R.P.(MD).No.1714 & 1715 of 2018 and C.M.P.(MD)No.7361 of 2018 08.10.2018 https://hcservices.ecourts.gov.in/hcservices/