Ethiyas Alias Imthiyas v. P.Ganesan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/10/2025
CORAM
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Ethiyas Alias Imthiyas ... Petitioner Vs P.Ganesan, S/o. Late. Pandithevar, Melakkal Main Road, Keelamathur Village, Madurai South Taluk, Madurai.
... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order passed in I.A.No.5 of 2025 in O.S.No.615 of 2013 dated 23.09.2025 on the file of the Principal District Munsif Court, Thirumangalam and to allow the Civil Revision Petition. For Petitioner : P.Yasmin Begum, Advocate.
1/4
ORDER
The matter has been listed today(27.10.2025), under the caption for being mentioned on the ground that this Court in paragraph No.8 of the order had recorded that I.A.No.5 of 2025 had been filed seeking an adjournment of the proceedings.
2. Learned counsel for the petitioner would indicate that I.A.No.5 of 2025 had been filed to recall P.W.5 in the said matter. The Court below had dismissed the application in I.A.No.5 of 2025 on the ground that the suit had been repeatedly adjourned. At this stage, such an application filed for reopening P.W.5 is only to protract the proceedings. Therefore, on merits the application was dismissed.
3. This Court finds no reason to interfere with the order passed in I.A.No.5 of 2025, however, I.A.No.5 of 2025 had been mentioned as an application for adjournment, in view of the same, registry is directed to delete Paragraph No.8 of the order and replace the same as follows: 2/4
" 8. I.A.No.5 of 2025 had been filed seeking to reopen P.W.5 for the reason stated in the affidavit filed in support of the application. It is also to be noted by this Court from the extract uploaded that the case was posted for trial and had been repeatedly adjourned. A perusal of the order made in I.A.No.5 of 2025 dated 23.09.2025 would indicate that the petition filed by the petitioner to reopen had been rightly negatived by the Court below."
4. Registry is directed to issue a fresh order copy to the parties, after carrying out the necessary corrections. 27.10.2025 Note: Issue order copy on 28.10.2025 pnn 3/4
K.KUMARESH BABU, J.
pnn
ORDER
IN CRP(MD) No.2787 of 2025 Date : 27/10/2025 4/4