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2022 DAILYLAW 5271 (MAD)

R.Gajalakshmi v. R.Gajalakshmi

CRP/3323/2022 · 2026-08-13

N Anand Venkatesh

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.Nos.3323, 3326 & 3333 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2026 CORAM: THE HON'BLE MR. JUSTICE N. ANAND VENKATESH C.R.P.Nos.3323, 3326 & 3333 of 2022 and C.M.P.Nos.17628, 17649 & 17681 of 2022 1. R.Gajalakshmi W/o.K.P.Ramalingam 2. K.Vasudevan S/o.Kesavan 3. Suresh S/o.M.Ramadoss ... Petitioners in all CRPs. Vs. 1. R.Gajalakshmi W/o.Not Known 2. V.Manokaran S/o.D.Vasu 3. S.Jayanthi W/o.Sri Hari ... Respondents in all CRPs. COMMON PRAYER : Civil Revision Petitions are filed under Article 227 of the Constitution of India, to set aside the order and decree dated 10.08.2022 made in I.A.Nos.829 to 831 of 2021 in O.S.No.576 of 2016 on the file of the Additional District Munsif Court, Alandur. In all CRPs., For Petitioners : Mr.R.Dilli Kumar For Respondents : Mr.M.Sivavarthanan for R3 1/5 https://www.mhc.tn.gov.in/judis C.R.P.Nos.3323, 3326 & 3333 of 2022 COMMON ORDER These Civil Revision Petitions have been filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 10.08.2022 passed by the learned Additional District Munsif Court, Alandur, in I.A.Nos. 829 to 831 of 2021 in O.S.No.576 of 2016, wherein the Court below dismissed the applications filed by the petitioners for reopening, recalling PW1 and for marking additional documents. 2. This Court heard the learned counsel appearing on either side, carefully perused the materials placed before this Court and went through the common order passed by the Court below. 3. The petitioners are the plaintiffs in the suit. The suit was filed seeking for the relief of declaration and permanent injunction. The case was at the stage of completion of evidence of DW1. At this stage, three applications were filed by the plaintiffs for reopening, recalling PW1 and for marking additional documents. These applications came to be rejected by the Court below by an order dated 10.08.2022. Aggrieved by the same, the present civil revision petitions have been filed before this Court. 2/5 https://www.mhc.tn.gov.in/judis C.R.P.Nos.3323, 3326 & 3333 of 2022 4. On a careful perusal of the order of the Court below, it is seen that the suit is of the year 2016 and at the stage of cross examination of DW1, initially the plaintiffs had filed I.A.Nos. 493 & 1075 of 2019 for receiving additional documents and those applications were allowed. Thereafter, the evidence of DW1 was completed and once again the applications were moved to reopen the evidence of PW1 for marking additional documents. 5. The plaintiffs cannot be allowed to mark documents in instalments and they have to prosecute the suit with due diligence. The documents that are sought to be brought in are not new documents and if at all, the plaintiffs had not filed those documents initially at least when the earlier applications were filed, these documents should also have been brought in as additional documents. However, the plaintiffs have chosen to wait for the completion of the evidence on the side of the defendants and they have moved the present application for reopening and recalling PW1 for marking additional documents. 6. The Court below has properly applied its mind and has rightly rejected the applications and the order passed by the Court below does not 3/5 https://www.mhc.tn.gov.in/judis C.R.P.Nos.3323, 3326 & 3333 of 2022 suffer from any perversity warranting the interference of this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. 7. It is brought to the notice of this Court that the suit has now been transferred to the file of the District Munsif-cum-Judicial Magistrate Court, Sholinganallur and renumbered as O.S.No.835 of 2024. 8. In the result, these Civil Revision Petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 13.08.2026 Neutral Citation: Yes/No ham To 1. The Additional District Munsif, Alandur. 2. The District Munsif-cum-Judicial Magistrate, Sholinganallur. 4/5 https://www.mhc.tn.gov.in/judis C.R.P.Nos.3323, 3326 & 3333 of 2022 N. ANAND VENKATESH , J. ham C.R.P.Nos.3323, 3326 & 3333 of 2022 and C.M.P.Nos.17628, 17649 & 17681 of 2022 13.08.2026 5/5 https://www.mhc.tn.gov.in/judis