Arockiyam Pillai (Died) v. Manickam@Santhiyagu Pillai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).Nos.1978 & 1979 of 2018 and C.M.P.(MD)No.8724 of 2018 Arockiyam Pillai (Died)

1. Antony Dass

2. Aasirvatham

3. S.Elisabeth

4. M.Ranjitha Merry 5.A.Backiyam ... Petitioners/Petitioners/ Plaintiffs in both petitions Vs.

1. Manickam @ Santhiyagu Pillai

2. Barnaboss

3. Kasbar

4. Amirtharaj

5. Christober

6. Palaniyandi ... Respondents/Respondents/ Defendants in both petitions COMMON PRAYER : Civil Revision Petitions are filed under Article 227 of the Constitution of India, to allow the Civil Revision petitions to set aside the fair order and decreetal order in I.A.Nos.277 and 278 of 2018 in O.S.No.198 of 2004, dated 27.06.2018 on the file of the District Munsif cum Judicial Magistrate, Thirumayam. For Petitioners : Mr.N.Balakrishnan For R-1 to R-3 & R-5 & R-6 : Mr.J.Anandkumar *** C O M M O N O R D E R The plaintiffs in O.S.No.198 of 2004 on the file of the District Munsif Court, Thirumayam, are the Revision petitioners herein. The suit is for declaration and recovery of possession. The plaintiffs wanted to reopen their side for the purpose of marking S.L.R. copy. The said request was negatived by the Court below. Questioning the same, this Civil Revision petition has been filed.

2. Heard the learned counsel on either side.

https://hcservices.ecourts.gov.in/hcservices/

3. This Court is of the view that since S.L.R. Copies are only

a public record, there will not be any difficulty in permitting them to be marked. Only for this purpose, the petitioners are permitted to reopen and recall P.W.1. It is made clear that the scope of reopening and recalling is limited to the purpose of marking the S.L.R.copies alone. It is not open to P.W.1 to adduce evidence beyond this. Of course it is open to the defendants to cross examine the plaintiffs on this aspect.

4. Therefore, the orders impugned in these Civil Revision petitions are set aside. The Civil Revision petitions stand allowed, accordingly.

No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar(cs-II) To

1. The District Munsif cum Judicial Magistrate, Thirumayam,

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1cc to Mr. Mr.N.Balakrishnan Advocate in SR.No.88096 C.R.P.(MD).Nos.1978 & 1979 of 2018 and C.M.P.(MD)No.8724 of 2018 01.10.2018 PMU NM SKN SAR2 03.12.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/