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Madras High CourtCRP(MD)/2990/2025dismissed

Usha v. Ramayee (Died) 1. Lakshmi

2025-10-22Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)Nos.16959 of 2025 Usha ... Petitioner in all CRPs Vs Ramayee (Died)

1. Lakshmi, W.O/ Varatharajan, D.No. 18a3, Karungattu Palanisamy Street, Namakkal Taluk, Namakkal District.

2. Lalitha, W/o. Ramachandran D.No. 8/44, Gandhi Nagar Balasamuthiram, Tholurpatti Village, Thottiyam Taluk, Trichy District.

3. Chandira, W/o. Nallusamy D.No.18a3, Karungattu Palanisamy Street, Namakkal Taluk, Namakkal District.

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4. Jeyanthi, W/o. Balu, D.No.13, Poosari Street Erode Taluk, Erode District.

... Respondents in all CRPs PRAYER in CRP(MD)No.2990 of 2025 :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the fair and decreetal order as passed by the Learned District Munsif Court, Thuraiyur, Trichy District made in I.A.No. 2 of 2025 in O.S.No. 248 of 2014 dated 17.09.2025 and allow this Civil Revision Petition.

PRAYER in CRP(MD)No.2991 of 2025 :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the fair and decreetal order as passed by the Learned District Munsif Court, Thuraiyur, Trichy District made in I.A.No. 3 of 2025 in O.S.No. 248 of 2014 dated 17.09.2025 and allow this Civil Revision Petition.

PRAYER in CRP(MD)No.2992 of 2025 :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the fair and decreetal order as passed by the Learned District Munsif Court, Thuraiyur, Trichy District made in I.A.No. 4 of 2025 in O.S.No. 248 of 2014 dated 17.09.2025 and allow this Civil Revision Petition.

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For Petitioner : Mr. K.Prakash, Advocate.

(in all CRPs)

ORDER

These Civil Revision Petitions are filed to set aside the fair and decreetal order as passed by the Learned District Munsif Court, Thuraiyur, Trichy District made in I.A.Nos. 2,3 and 4 of 2025 in O.S.No. 248 of 2014 dated 17.09.2025.

2. Learned counsel for the petitioner would submit that the petitioner filed a suit against the respondents for declaration and permanent injunction. During the filing of the suit, he was not in possession of the partition deed of the year 1973 and he had come to the possession only now. Hence to mark the said documents, it had become necessary to reopen the the side of the evidence of the plaintiff / petitioner. Hence he had taken out applications to reopen, recall and to receive documents. The Court below without considering the claim made by the petitioner had dismissed the application. Therefore, he seeks indulgence of this Court.

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3. I have considered the submissions and perused the materials available on record.

4. The Court below had found that the documents that is sought to have been filed belatedly that too at the stage where the arguments were heard and the case had been posted for judgment. A perusal of the affidavit filed in support of the interlocutory application do not also disclosed as to how the said documents are relevant to the present suit except for making a bald averments that the said documents are relevant documents.

5. In view of the above, I do not find any infirmity in the order impugned herein. Accordingly, these Civil Revision Petitions stand dismissed. No costs. Consequently, connected miscellaneous petition stands closed.

22.10.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn 4/6

To

1. The District Munsif, Thuraiyur, Trichy District.

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

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K.KUMARESH BABU, J.

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ORDER

IN and CMP(MD)Nos.16959 of 2025 Date : 22/10/2025 6/6