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Madras High CourtCRP(MD)/1948/2019dismissed

Kanagaraj v. Karuthaiah Alis Akkamanayakar

2022-03-29Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P.(MD)Nos.9944 & 9946 of 2019 Kanagaraj

...Petitioner/Petitioner/Plaintiff

in both CRPs.

Vs.

1.Karuthaiah @ Sakkamanayakar 2.Selvaraj 3.The Sub Registrar, Sub Registrar Office, Aundipatti - 3.

4.The District Registrar, District Registrar Office, Tenkarai, Periyakulam - 4. ...Respondents/Respondents/Defendants in both CRPs.

COMMON PRAYER: Civil Revision Petition under Article 227 of the Constitution of India, to allow the Civil Revision Petition by setting aside the order dated 08.08.2018 passed in I.A.Nos.2 & 1 of 2019 in O.S.No.12 of 2013 on the file of the Sub Court, Theni, Theni District.

In both CRPs.

For Petitioner :Mr.S.Balaji For R-1 & R-2 :Mr.K.Govindarajan For R-3 & R-4 :Mr.S.Shanmugavel Additional Government Pleader COMMON ORDER These Civil Revision Petitions have been filed to set aside the order, dated 08.08.2018 passed in I.A.Nos.2 & 1 of 2019 in O.S.No.12 of 2013 on the file of the Sub Court, Theni, Theni District. 2.The revision petitioner herein/plaintiff has filed a petition in I.A.No.2 of 2019 in O.S.No.12 of 2013 to recall P.W.1 for marking of certain documents and I.A.No.1 of 2019 to re-open for further evidence of plaintiff side and the said documents are available with 1/3

him. The Court below has dismissed the said petitions on the ground that already the revenue records were marked through the Tahsildar/D.W.4. Against the same, the revision petitioner is before this Court.

3.Heard on either side. Perused the material documents available on record.

4.The revision petitioner herein/plaintiff has stated that he wants to mark the sale deeds and revenue records which were in the custody of him. But, he has not filed any petition to receive those documents which were stated to be marked. Without filing those documents, he cannot file petitions to reopen and recall the witness of P.W.1.

5.It is represented that the suit in O.S.No.12 of 2013 already evidence was closed and the matter was posted for arguments. The suit is pending from the year 2013. Without proper reasons, these petitions have been filed.

6.In view of the foregoing reasons, these Civil Revision Petitions are dismissed by confirming the order, dated 08.08.2018 passed in I.A.Nos.2 & 1 of 2019 in O.S.No.12 of 2013 on the file of the Sub Court, Theni, Theni District. Since the suit is of the year 2013 and the matter was also posted for arguments, the learned Subordinate Judge, Theni, Theni District is directed to dispose of the suit in O.S.No.12 of 2013, within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ksa 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 Subordinate Judge, Theni, Theni District.

2/3

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

+2 CC to M/s.S.BALAJI, Advocate ( SR-15106,15107[F] dated 29/03/2022 ) +1 CC to M/s.SPL GP ( SR-15312[F] dated 30/03/2022 ) +1 CC to M/s.K.GOVINDARAJAN, Advocate ( SR-15478[F] dated 30/03/2022 ) 29.03.2022 SE(CO) RK(22/04/2022) 3P 7C 3/3