Dismissed

D.L.Gopalasamy, v. Samayalu Chettiar

Madras HC16 Apr 2015CRP/1745/2007

Case brief

AI extract

What is this about?

The High Court of Madras dismissed civil revision petitions filed by plaintiffs challenging orders permitting an additional written statement and witness recall. The Court declined to interfere as they were fair, directing the lower court to complete the trial by August 2015.

What did the court decide?

The civil revision petitions were dismissed; the lower Court was directed to complete the trial and dispose of the suit by August 2015.

D.L.Gopalasamy, Vs Samayalu Chettiar — Civil Procedure and Limitation | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.04.2015

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CORAM :

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THE HONOURABLE Ms.Justice K.B.K.VASUKI

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C.R.P.Nos.1745 & 1746 of 2007 and MP.No.1 of 2007

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1.D.L.Gopalsamy 2.Palanisamy 3.Kuppusamy ... Petitioners/Plaintiffs in both CRPs. Vs. 1.Samayalu Chettiar 2.The Executive Officer, Selection Grade Town Panchayat Board, Omalur. ... Respondents/Defendants in both CRPs. Prayer: Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 20.12.2006 made in IA.998 & 997 of 2004 respectively in OS.No.206 of 1996 on the file of District Munsif-cum-Judicial Magistrate Court, Omalur. For Petitioners : Mr.K.Selvaraj For Respondents : Mr.P.Jagadeesan R2-Served. O R D E R Heard both sides.

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Prayer: Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 20.12.2006 made in IA.998 & 997 of 2004 respectively in OS.No.206 of 1996 on the file of District Munsif-cum-Judicial Magistrate Court, Omalur.

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2.Both the civil revision petitions are arising out of the orders thereby permitting the additional written statement to be filed at the evidence stage and permitting the witness DW1 to be recalled. Questioning the correctness of such orders, the plaintiffs are now before this Court by way of present civil revision petitions.

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3.Considering the reasons based on which the applications are ordered and considering the stage of the proceedings and the pendency of the civil revision petitions before this Court from the year 2007, this Court is not inclined to interfere with the orders of the lower Court.

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4.In the result, the civil revision petitions are dismissed, with direction issued to the lower Court to complete the trial and dispose of the suit as expeditiously as possible preferably by the end of August 2015, without unnecessary delay and without granting further opportunity to the parties to file additional pleadings and

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https://hcservices.ecourts.gov.in/hcservices/

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to reexamine the witnesses already examined and to examine additional
witnesses. The parties are directed to cooperate with the trial
Court for expedite trial. Consequently, connected miscellaneous
petition is closed. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
tsh
To
The District Munsif-cum-Judicial Magistrate Court,
Omalur.
+ 2 ccs to Mr.K.Selvaraj, Advocate Sr.20751
+ 1 cc to Mr.P.Jagadeesan, Advocate Sr.20780
Copy to: The Section Officer,
VR Section, High Court, Madras.
C.R.P.Nos.1745 & 1746 of 2007
AK(CO)
Eu 11.05.2015

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https://hcservices.ecourts.gov.in/hcservices/

D.L.Gopalasamy, v. Samayalu Chettiar

Case brief

What is this about?

What did the court decide?

D.L.Gopalasamy, v. Samayalu Chettiar

Case brief

What is this about?

What did the court decide?

What the court decided

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