Madras High CourtCRP(MD)/2305/2025disposed of

S.Prabhakaran v. S.Maheswaran

2025-08-20Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.2305 of 2025 and C.M.P.(MD)No.13808 of 2025 S.Prabhakaran ... Petitioner Vs.

1.S.Maheswaran 2.S.Kohilam 3.S.Mekala ... Respondents PRAYER: Civil Revision Petition - filed under Article 227 of Constitution of India, to set aside the fair order and decreetal order dated 11.08.2025 in I.A.No.10 of 2025 in O.S.No.918 of 2015 on the file of the learned II - Additional Subordinate Judge, Tiruchirappalli. For Petitioner : Mr.V.R.Shanmuganathan

ORDER

This civil revision petition has been filed challenging the fair and decreetal order dated 11.08.2025 passed in I.A.No.10 of 2025 in O.S.No.918 1/4

of 2015 on the file of the learned II Additional Subordinate Judge, Tiruchirappalli.

2. The first respondent herein filed a suit in OS No.918 of 2015 seeking for the relief of declaration, wherein the petitioner filed an interlocutory application under Order XVII Rule 1 of CPC in IA No.10 of 2025 seeking for an adjournment citing certain reasons. However, the same was dismissed. Challenging the same, this civil revision petition has been filed.

3. Though the petitioner sought for quash of the fair and decreetal order dated 11.08.2025 passed in I.A.No.10 of 2025 in O.S.No.918 of 2015 on the file of the learned II Additional Subordinate Judge, Tiruchirappalli, now, the learned counsel appearing for the petitioner fairly submits that the case is posted before the trial Court for cross examination and evidence of PW1 on 08.09.2025 and the petitioner is arrayed as the defendant in the suit and hence, this Court may permit the petitioner to cross examine PW1 on 08.09.2025.

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4. Since no adverse order is going to be passed as against the respondents, notice to the respondents is dispensed with.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without interfering with the order impugned herein, permits the petitioner to cross examine PW1 on 08.09.2025. This civil revision petition is dismissed with the above observations. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.08.2025 NCC : Yes/No Index : Yes / No Sm To 1.II - Additional Subordinate Court, Tiruchirappalli.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

Sm C.R.P.(PD)(MD)No.2305 of 2025 20.08.2025 4/4