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2011 Supreme(Mad) 3609

R.BANUMATHI, B.RAJENDRAN
Pan Resorts Limited, rep. By its Director K. Subbiah – Appellant
Versus
H. H. Karthika Thirunal Lakshmi Bayl – Respondent


Advocates appeared:
For the Appellant:Satish Parasaran, Advocate.
For the Respondents:R2 & R3 - M/s. C.S. Associates, R7 & R8 - A.M. Pakianathan Easter, R9 - A.R. Karunakaran, R1 to R3 - R. Rajaraman, R4 - R. Srinivasan, R9 - A.R. Karunakaran, Satish Parasaran, Neelakandan, B. Murugavel, Advocates.

JUDGMENT :-

B. RAJENDRAN, J

1. O.S.A. Nos. 182 and 183 of 2009 have been filed by the plaintiff as against the order of dismissal dated 10.12.2010 made in Application No. 5471 of 2010 and 5472 of 2010 in C.S. No. 632 of 1997 dismissing the applications filed for re-opening of evidence and to re-call PW1 for the purpose of marking certain documents.

2. O.S.A. No. 221 of 2011 was filed by the defendants 7 and 8 against the order dated 10.12.2010 made in Application No. 5550 of 2010 in C.S. No. 632 of 1997 praying to suspend the interim order already granted on the ground that there is a delay in disposal of the suit.

3. For the sake of convenience, the parties shall be referred to as per their litigative status in the suit as 'Plaintiff' and 'defendants'.

4. The facts which are necessary for disposal of the appeals in O.S.A. Nos. 182 and 183 of 2011 are as follows:-

(i) The plaintiff has filed two applications namely Application No. 5471 of 2010 and 5472 of 2010 in C.S. No. 632 of 1997 before the learned single Judge invoking the proviso to Order IV Rule 8 and Order 17 Rule 7 of Original Side Rules read with Order 18 Rule 17 of CPC with a prayer to re-open the evidence and to recall PW1

































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