Dismissed

Krishnasamy Gounder v. C.Kuppusamy

Madras HC2 Jul 2021CRP/3547/2018

Case brief

AI extract

What is this about?

This judgment dismisses two Civil Revision Petitions filed against orders dismissing petitions to reopen and recall a witness in a partition suit. The High Court found no merit in the revision petitions, upholding the lower court's view that such requests attempted to fill lacunae and drag proceedings.

What did the court decide?

Both Civil Revision Petitions were dismissed, the connected miscellaneous petition was closed, and no order as to costs was made.

Krishnasamy Gounder Vs C.Kuppusamy — Civil Procedure and Limitation | Madras HC (2021)

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C.R.P.PD.Nos.3547 & 3548 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.07.2021

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CORAM

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THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

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C.R.P.PD.Nos.3547 & 3548 of 2018
and
CMP No.19850 of 2018
CRP.No.3547 of 2018
Krishnasamy Gounder ... Petitioner
Vs
1.C.Kuppusamy
2.C.Thangaraj ... Respondents

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Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 03.03.2018 passed in IA.No.1191 of 2017 in OS.No.352 of 2009 on the file of the District Munsif Court, Dharapuram, Tiruppur District

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For Petitioner : Mr.L.Ramanathan for M/s.Swaraj Associates For Respondents : Mr.M.Guruprasad CRP.No.3548 of 2018

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Krishnasamy Gounder ... Petitioner Vs

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1/4

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https://www.mhc.tn.gov.in/judis/

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C.R.P.PD.Nos.3547 & 3548 of 2018

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1.C.Kuppusamy 2.C.Thangaraj ... Respondents

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Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and final order dated 03.03.2018 passed in IA.No.1192 of 2017 in OS.No.352 of 2009 on the file of the District Munsif Court, Dharapuram, Tiruppur District

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For Petitioner : Mr.L.Ramanathan for M/s.Swaraj Associates For Respondents : Mr.M.Guruprasad

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COMMON ORDER The Civil Revision Petitions are filed against the fair and decretal order dated 03.03.2018 passed in IA.No.1191 of 2017 in OS.No.352 of 2009 on the file of the District Munsif Court, Dharapuram, Tiruppur District; and against the fair and final order dated 03.03.2018 passed in IA.No.1192 of 2017 in OS.No.352 of 2009 on the file of the District Munsif

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Court, Dharapuram, Tiruppur District.

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In both the civil revision petitions, the petitioner is the

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defendant and the respondents are the plaintiffs. The respondents filed suit

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for declaration and partition. After examination of both side evidence, the

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petitioner filed petition to reopen and recall of PW1. Admittedly, the suit 2/4

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https://www.mhc.tn.gov.in/judis/

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C.R.P.PD.Nos.3547 & 3548 of 2018

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was posted for arguments. At that juncture, the petitioner filed petition to reopen and recall PW1 for further cross examination.

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The court below rightly dismissed the petitions for the reason

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that it is nothing but filling up of lacuna and dragging the proceedings.
Therefore, this Court finds no merits in the civil revision petitions.
4. Accordingly, both the civil revision petitions are dismissed.
Consequently, connected miscellaneous petition is closed. No order as to
costs.
02.07.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No

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3/4

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https://www.mhc.tn.gov.in/judis/

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C.R.P.PD.Nos.3547 & 3548 of 2018

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G.K.ILANTHIRAIYAN,J.

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lok

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The District Munsif, Dharapuram, Tiruppur District

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C.R.P.PD.Nos.3547 & 3548 of 2018

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02.07.2021

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https://www.mhc.tn.gov.in/judis/

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Krishnasamy Gounder v. C.Kuppusamy

Case brief

What is this about?

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Krishnasamy Gounder v. C.Kuppusamy

Case brief

What is this about?

What did the court decide?

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