← Library
Madras High CourtCRP(MD)/2236/2024dismissed

Gunasekaran v. A.M.Mohammed Kasim

2024-10-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)Nos.12656 & 12657 of 2024 1.Gunasekaran 2.Baskaran ... Petitioners / Petitioners / Respondents Vs.

A.M.Mohammed Kasim ... Respondent / Respondent / Petitioner Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order of return passed by the Rent Controller Principal District Munsif Court, Vedasanthur in I.A.S.R.No.1478 of 2024 in R.L.T.O.P.No.1 of 2021 dated 23.07.2024 by allowing this civil revision petition and to direct the Rent Controller to re-open the trail in R.L.T.O.P.No.1 of 2021 and proceed further with the trial.

For Petitioner : Mr.J.Alaguram Jothi For Respondents : Mr.A.Sheik Nasurdeen 1/4

O R D E R

Heard the learned counsel on either side.

2. The respondent herein filed R.L.T.O.P.No.1 of 2021 on the file of the Principal District Munsif Court, Vedasandur for evicting the revision petitioners herein. In the said petition, the petitioners herein filed two IAs for reopening the petitioners side and for further cross-examining P.W.1. The Court below declined to number the IAs. Challenging the endorsement made by the Court below, these civil revision petitions have been filed.

3. In normal circumstances, I would have set aside the impugned order and allowed the civil revision petition. But the case on hand appears to be slightly different. It is an eviction petition. It is not the case of the revision petitioners that there is a registered tenancy agreement between the parties. The court below has also stated that the reason as to why P.W.1 is sought to be recalled and cross-examined has not been set out. Nothing prevented the petitioners from fully cross-examining P.W.1, when he was in the witness box. In these circumstances, I am not inclined to give any direction as sought for by the revision petitioners.

2/4

4. Both the civil revision petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 19.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Principal District Munsif Court, Vedasanthur. 3/4

G.R.SWAMINATHAN, J.

rmi C.R.P.(MD)No.2236 of 2024 19.10.2024 4/4