C.R.P.(PD) Nos.1110 and 111 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21/4/2023

C O R A M

THE HONOURABLE Dr.JUSTICE D.NAGARJUN

Civil Revision Petition (PD) Nos.1110 and 1111 of 2023

a n d

C.M.P.Nos.7818 and 7819 of 2023

1. Sri Sahsara Linga Yoga Anjaneyaswamy

Saptha Rishi Peedam

Charitable Trust & Seva Trust

rep. By its Managing Trustee

Mr.K.Ravi @ Ravindran

36 Thiyagarajapuram

Kalimagal Petrol Bunk Back Side

Phase I, Sathuvachari

Vellore 632 009.

2. Sri Sahsara Linga Yoga Anjaneyaswamy

Saptha Rishi Peedam

Charitable Trust & Seva Trust

rep. By its Managing Trustee

Tmt.Shyamala

36 Thiyagarajapuram

Kalimagal Petrol Bunk Back Side

Phase I, Sathuvachari

Vellore 632 009.

3. Sri Sahsara Linga Yoga Anjaneyaswamy

Saptha Rishi Peedam

rep. By its Secretary

Thiru.Suresh Babu

Vellore 632 009.

...

Petitioners in both the

petitions

Vs

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C.R.P.(PD) Nos.1110 and 111 of 2023

1. V. S.Padmanaban

2. V. S.Namasivayam

...

Respondents in both

the petitions

Prayer: Petitions filed under Article 227 of the Constitution of India to

set aside the order passed by the learned District Munsif Court, Vellore in

I.A.Nos.51 and 52 of 2023 in O.S.No.76 of 2010 dated 31/1/2023 and

reopen the suit to recall P.W.1 and allow the petitioners to cross-examine

P.W.1.

For Petitioners

...

Mr.Amarnath

For Respondents ...

Mr.Tamilavel

- - - - -

C O M M O N O R D E R

These Civil Revision Petitions have been filed to set aside the orders,

dated 31/1/2023, passed by the learned District Munsif Court, Vellore, in

I.A.Nos.51 and 52 of 2023 in O.S.No.76 of 2010 and reopen the suit to

recall P.W.1 and allow the petitioners to cross-examine P.W.1.

2. Heard Mr.S.Amarnath, learned counsel for the petitioners and

Mr.Tamilavel, learned counsel for the respondents.

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C.R.P.(PD) Nos.1110 and 111 of 2023

3. The learned counsel appearing for the petitioners submitted that

the respondents/defendants have filed a suit for mandatory injunction

and after completion of the pleadings, issues have been settled. Both the

petitioners and respondents have completed their part of evidence.

4. When the matters were posted for arguments, the petitioners being

the defendants have filed I.A.No.51 of 2023 in O.S.No.76 of 2010, under

Section 151 of the Code of Civil Procedure, to reopen the suit for filing

recall application and I.A.No.52 of 2023, under Order 18 Rule 17 and

Section 151 of the Code of Civil Procedure, to recall P.W1 for further

cross-examination by the respondents/defendants. These petitions were

strongly opposed by the respondents/defendants and on hearing both

sides, the learned Additional District Munsif, Vellore, has dismissed both

the applications. Aggrieved by the dismissal of both the petitions, the

petitioners have preferred the instant Civil Revision Petitions.

5. Learned counsel appearing for the petitioners submit that after

completion of the evidence of the respondents/defendants, the

petitioners/defendants have realised that certain important questions,

regarding the suit property have to be put to P.W.1 and therefore, P.W.1

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C.R.P.(PD) Nos.1110 and 111 of 2023

has to be recalled for cross-examination.

6. Learned counsel appearing for the respondents have taken this

Court to the chronological events, from the date of filing of the suit and

demonstrated as to how the petitioners/defendants have chosen to file

these applications at belated stage.

7. On a perusal of the records, it is clear that suits were filed in the

year 2010. After passing through series of adjournments and on

considering the various applications, ultimately, the matters were posted

for arguments. At this stage, the petitioners/defendants have inv