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2022 Supreme(Online)(MAD) 235

HIGH COURT OF MADRAS
Hon`ble Mr Justice R. SUBRAMANIAN
M/S.KGEYES RESIDENCY (P) LTD – Appellant
Versus
M/S.RUKMANI ROAD ISHWARYA AP – Respondent


O R D E R

This revision is directed against an order of the Trial Court, dismissing an application filed by the petitinoer, who is the 1st defendant in OS.No.6503 of 2015, seeking to reject the proof affidavit of PW2 to eschew the subsequent chief-examination.

2.The suit in OS.No.6503 of 2015 was filed as CS.No.457 of 2009 by the 1st respondent herein, seeking a declaration that the sale deed dated 31.03.2003 registered as Document No.1511 of 2003 is null and void and for consequential reliefs of mandatory injunction and recovery of possession.

The plaintiff is an Association of apartment owners and the 1st defendant is a builder. During the course of the suit, one Chidambaram was examined as PW1 and upon completion of his cross-examination, the plaintiff filed an application in IA.No.1 of 2019, seeking to produce additional documents. The said application was allowed on 16.10.2019. One Ramamoorthy Ramkumar filed a proof affidavit as PW2. In the said proof affidavit, he repeated whatever has been stated by PW1 in his proof affidavit filed in July, 2017. After application in IA.No.1 of 2019 was allowed, the said Ramamoorthy Ramkumar also deposed regarding the documents that were produ

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