Madras High CourtCRP(MD)/1067/2018dismissed

V.Raju @ Kengusamy v. Chandra

2022-09-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.4643 of 2018 V.Raju @ Rengusamy : Petitioner in all CRPs Vs.

1.Chandra 2.Seethalakshmi 3.Perumalsamy : Respondents in all CRPs COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India to call for the records pertaining to the fair and decreetal orders dated 03.03.2018 passed by the learned District Munsif cum Judicial Magistrate, Aundipatti, in I.A.Nos.296 to 298 of 2017 in O.S.No.193 of 2009 and set aside the same.

For Petitioner : Mr.M.Saravanan For Respondents : Mr.C.Murugavel for R.1, R.2 Mr.A.Joseph Jerry for R.3 [In all CRPs] ***** 1/4

COMMON ORDER These revision petitions are filed as against the order passed by the learned District Munsif cum Judicial Magistrate, Aundipatti, in I.A.Nos.296 to 298 of 2017 in O.S.No.193 of 2009, dated 03.03.2018, in and by which, the petitioner's pleas to reopen the case, recall the witness and to mark additional documents were rejected.

2.When the matter came up for hearing today, learned Counsel for the petitioner submitted that the suit itself has been disposed of on 02.12.2020 and therefore, nothing survives for further adjudication in this revision. However, he sought for liberty to agitate his claim for reopening the case, recalling the witness and for marking of additional documents before the appellate forum. 3.In view of the subsequent development, this civil revision petition stands disposed of, with liberty to the petitioner to agitate his claim by filing appropriate application before the appellate Court, for the relief sought for in this revision petition, if so advised. If any such application is filed, the appellate Court shall consider the same, uninfluenced by the findings of the trial Court or of this Court. 2/4

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 07.09.2022 Internet : Yes gk To The District Munsif cum Judicial Magistrate, Aundipatti.

3/4

B.PUGALENDHI, J.

gk 07.09.2022 4/4