Civil revision petition against a trial court order directing defendants to commence the trial. Counsel conceded plaintiff should begin; court set aside the order, directed plaintiff to start trial, and asked trial court to expedite disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD)No.181 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.02.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.181 of 2024 and C.M.P.(MD).No.736 of 2024
2.A.P.D.K.Premanand ... Petitioners/Defendants 2 & 5
Vs.
1.Sornashanthi ... 1st Respondent/Plaintiff
PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the impugned
order passed by the learned Additional District Judge, Virudhunagar in O.S.No.20 of 2022, dated 12.09.2023 and set aside the same and direct
the 1st respondent/plaintiff to begin the case by let in evidence.
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C.R.P.(MD)No.181 of 2024
For Petitioner : Mr.N.Dilipkumar
For Respondents : Mr.B.Jeyakumar for R1
No Appearance for R2 to R4
Mr.J.Ashok for R5 Additional Government Pleader
ORDER
Challenging the order passed by the trial Court dated 12.09.2023,
directing the defendants to commence the trial process, this revision petition has been preferred.
2.At the time of moving the petition, the learned counsel for the petitioner submitted that only small portion of the property is covered under Will and not entire properties. According to him, only the plaintiff has to commence the examination of witness and not the defendant. The learned counsel for the plaintiff also admitted their position and submitted that they are willing to commence the trial process.
3.In view of the submissions made by the learned cousnsel for the
first respondent, the direction given by the trial Court, dated 12.09.2023 is hereby set aside. The plaintiff is ordered to commence the trial process
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C.R.P.(MD)No.181 of 2024
in this case. Considering the oldness of the matter and considering the fact that all persons are senior citizens, there shall be a direction to the learned Additional District Judge, Virudhunagar, to dispose of the case in O.S.No.20 of 2022, pending on his file immediately, by following the Official Memorandum of this Court in R.O.C.No.
3793A/2010/B5/Statistics, dated 11.08.2010.
4.With the above said directions, this civil revision petition stands
disposed of. No costs. Consequently, connected miscellaneous petition is closed.
21.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM
To
1.The Additional District Judge, Virudhunagar.
2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P.(MD)No.181 of 2024
G.ILANGOVAN ,J.
TM
C.R.P.(MD)No.181 of 2024
21.02.2024
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1 issue framed by the court
Should defendants commence the trial, or should the plaintiff begin evidence in O.S.No.20 of 2022?
1 provisions across 1 enactments
A.P.D.K.Devanand
A.P.D.K.Premanand
Sornashanthi
K.Kanagambujam
G.Vasanthi
K.Ananthi
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
