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2023 Supreme(Mad) 228

S. M. SUBRAMANIAM
Palanivelu – Appellant
Versus
Santhi @ Santhakumari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.G.Sumitra
For the Respondents: Mr.R.Sreedhar

ORDER :

The present Civil Revision is filed to set aside the order dated 04.12.2019 passed in IA No.715 of 2019 in OS No.198 of 2017 on the file of the learned Additional Sub Judge at Puducherry.

2. The revision petitioner, who is the plaintiff, instituted suit for permanent injunction in OS No.198 of 2017.

3. It is not in dispute that the Court commenced trial in the suit proceedings. The revision petitioner-plaintiff filed Interlocutory Application in IA No.715 of 2019 under Order XVI, Rules 1 and 2 r/w Section 151 of the Code of Civil Procedure to condone the delay in filing the list of witnesses, namely (1) Superintendent Engineer-1, Electricity Department, (2) Member Secretary, Pondicherry Planning Authority Jawahar Nagar, Puducherry, (3) S.John, S/o.George, (4) The Sub Registrar, Pondicherry and (6) The Finger Print Expert, Finger Print Bureau, Puducherry.

4. The Trial Court adjudicate the grounds on which no Interlocutory Application was filed and found that the suit is for bare injunction and therefore, the evidences of the Member Secretary, Pondicherry Planning Authority and the Superintendent Engineer-1, Electricity Department became unnecessary. Similarly, the revision petit

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