Madras High CourtCRP(MD)/2280/2023disposed of

S.Sureshkumar v. S.Karunamoorthy

2025-07-03Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2280 of 2023 and CMP(MD) No.11733 of 2023 Sureshkumar ... Petitioner Vs S.Karunamoorthy ... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 20.02.2023 in IA No.3/2023 in OS No.95/2020 on the file of the II Additional District Judge, Tiruchirappalli.

For Petitioner : Mr.S.Rajesh Kanna For Respondent : No appearance

ORDER

This Civil Revision Petition has been filed against the order dated 20.02.2023 in IA No.3/2023 in OS No.95/2020 on the file of the II Additional District Judge, Tiruchirappalli.

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2. The petitioner is the defendant in OS No.95/2020 and the respondent/plaintiff filed the said suit for recovery of a sum of Rs. 60,63,332/- in which the respondent/plaintiff filed an application under Order .. Rule 5 of the Code of Civil Procedure for attachment before judgment and an order of attachment was passed. Challenging the same, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that respondent/plaintiff filed the said suit for recovery of money. After trial, he filed an application under Section 151 of the Code of Civil Procedure to reopen the case for adducing further evidence and the same was allowed. Challenging the same, the petitioner is before this Court. However, the learned counsel would submit that the chief-examination of the plaintiff is over and the petitioner may be permitted to cross-examine the witnesses.

4. In view of the said submission now made by the learned counsel for the petitioner, without adverting to the merits or the contentions, the Civil Revision Petition is disposed of by granting liberty to the petitioner 2/4

to cross-examine the witnesses. No costs. Consequently connected Miscellaneous Petition is closed.

03.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The II Additional District Judge, Tiruchirappalli. 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.2280 of 2023 Date : 03/07/2025 4/4