G.Rajan v. T.Denise

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.11011 of 2024 G.Rajan ... Petitioner / Respondent / Defendant in all C.R.Ps Vs.

T.Denise ... Respondent / Respondent / Petitioner in all C.R.Ps Common Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 02.11.2023 passed in I.A.No.3, 1 and 3 of 2023 in R.C.O.P.No.7 of 2019 on the file of the District Munsif Cum Judicial Magistrate Court, Radhapuram respectively. (In all C.R.Ps) For Petitioner : Mr.V.Balasubramanian For Respondent : Mr.V.Sasikumar * * * COMMON ORDER Heard both sides.

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2.The petitioner is figuring as the respondent in R.C.O.P.No.7 of 2019 on the file of the District Munsif Court cum Judicial Magistrate Court, Radhapuram. The respondent herein filed I.As for re-opening, recall and to mark certain documents. I.As were dismissed vide order dated 02.11.2023. Questioning the same, these civil revision petitions came to be filed. 3.The learned counsel for the revision petitioner reiterated all the contentions set out in the memorandum of grounds of the civil revision petitions and called upon this Court to set aside the impugned orders and allow the civil revision petitions.

4.I am not swayed by the said submissions. The petitioner is only a tenant. The prime document which is now sought to be marked has also been referred to in the original petition itself. It is not as if the respondent is trying to introduce a new case. The petitioner cannot be said to have been suffered any prejudice. The Court below has exercised its discretion in favour of the petitioner. I am only exercising my jurisdiction under Article 227 of the Constitution of India. Only if exceptional circumstances are set out, there can be interference with the impugned orders passed by the Court below. No such 2/4

case has been made out. The impugned orders are not suffering from any perversity and the civil revision petitions are dismissed. No costs. Consequently, connected miscellaneous petition is closed. 21.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias To:

The Additional District and Sessions Court, Padmanabhapuram, Kanyakumari District.

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G.R.SWAMINATHAN, J.

ias 21.10.2024 4/4