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Madras High CourtCRP(MD)/1753/2021disposed of

Mariyammal v. Subramanian

2022-02-21Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P.(MD).Nos.1753 and 1891 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD).Nos.1753 and 1891 of 2021 and C.M.P(MD)No.9341 of 2021 1.Mariyammal 2.K.Raja Chandrasekar 3.Muruganantham 4.K.Sivasubramanian 5.K.Sivaparvathi ...Revision Petitioners/Petitioners/ Defendants in both CRPs.

Vs.

K.Subramanian

...Respondent/Respondent/Plaintiff

in both CRPs COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the order passed in I.A.Nos.172 and 171 of 2021 in O.S.No.146 of 2014 on the file of the District Munsif, Ottanchathram, dated 30.04.2021. For Petitioner :Mr.C.K.M.Appaji in both CRPs For Respondent :Mr.D.Venkatesh in both CRPs COMMON ORDER These Civil Revision Petitions have been filed to set aside the order passed in I.A.Nos.171 and 172 of 2021 in O.S.No.146 of 2014 on the file of the District Munsif, Ottanchathram, dated 30.04.2021.

2.I.A.Nos.171 and 172 of 2021 were filed by the revision petitioners/defendants to re-open O.S.No.146 of 2014 and to re-call PW.1 for further cross examination, which were dismissed by the learned District Munsiff, Ottanchathram.

3.Perused the deposition of PW.1. The respondent/plaintiff was already examined as P.W.1 and on 25.09.2019 and he was cross examined in part. P.W.2 was also examined. But as per deposition, PW1 was cross examined in part and for continuation, this case was posted from 2019. Since these cases are pending for cross examination of PW.1., one opportunity is to be given to the petitioners to complete the cross examination of PW.1. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).Nos.1753 and 1891 of 2021 4.Therefore, the petitioners are directed to complete the cross examination of PW.1 on 08.03.2022 and PW.1 is also directed to appear before the trial Court. Since the suit in O.S.No.146 of 2014 is pending from the year 2014, the learned District Munsiff, Ottanchathram, is directed to dispose of the said suit within a period of three months from the date of receipt of a copy of this order.

5.With the above direction, these Civil Revision Petitions are disposed of. No Costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The District Munsif, Ottanchathram.

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

Order made in C.R.P.(MD).Nos.1753 and 1891 of 2021 and C.M.P(MD)No.9341 of 2021 21.02.2022 SRR(CO) TR(24.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2