P.S.K.Seenivasan v. Renuga Prabha (Died), 1.Sridhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.14384 of 2024 1.P.S.K.Seenivasan 2.Sudharshana Prabha ... Petitioners / Petitioners / Plaintiffs in all C.R.Ps.

Vs.

Renuga Prabha (died) 1.Sridhar 2.The Tahsildar, Aruppukottai Town, Aruppukottai Taluk, Aruppukottai.

3.The Revenue Divisional Officer, Aruppukottai Divisional, Aruppukottai.

Muthusuburam (Died) 4.Subashini 5.Muthubrindha ... Respondents / Respondents 2,3,4,6& 7/ Defendants in all C.R.Ps.

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Prayer in C.R.P.(MD)No.2505 of 2024: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records pertaining to the fair and decreetal order dated 29.07.2024 passed in I.A.No.14 of 2024 in O.S.No.178 of 2007 by the Additional District Munsif Court, Aruppukottai and set aside the same by allowing this civil revision petition. Prayer in C.R.P.(MD)No.2506 of 2024: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records pertaining to the fair and decreetal order dated 29.07.2024 passed in I.A.No.15 of 2024 in O.S.No.178 of 2007 by the Additional District Munsif Court, Aruppukottai and set aside the same by allowing this civil revision petition. Prayer in C.R.P.(MD)No.

2507 of 2024: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records pertaining to the fair and decreetal order dated 29.07.2024 passed in I.A.No.16 of 2024 in O.S.No.178 of 2007 by the Additional District Munsif Court, Aruppukottai and set aside the same by allowing this civil revision petition. For Petitioners : Mr.A.Srinivasan For Respondents : Mr.K.Balasubramani Special Government Pleader (in all C.R.Ps) R2 & R3 COMMON ORDER Heard the learned counsel appearing for the revision petitioners.

2. The plaintiffs in O.S.No.178 of 2007 on the file of the Additional District Munsif, Aruppukottai are the revision petitioners herein. They filed IAs for re-opening, recall and marking of the documents. IAs were dismissed by the court below. Questioning the same, these civil revision petitions have been filed.

3. In normal circumstances, I would have been liberal in approaching the issue. But in this case, I am not in a position to interfere with the impugned order. The suit was instituted way back in the year 2007. The evidence had been closed in the year 2019 itself. Thereafter, the plaintiffs were given opportunity to reopen their side on atleast two occasions. The court below had chosen to say 'no' to the petitioners only when the petitioners sought to invoke its indulgence for the third time. I am not in a position to fault the court below. Appropriate reasons have been assigned. Interference is not warranted. The civil revision petitions are dismissed. No costs. Consequently, connected miscellaneous petition is closed.

17.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To:

The Additional District Munsif Court, Aruppukottai. 17.10.2024 4/4