CRP.No.3950 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.10.2025 CORAM: THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRP.No.3950 of 2025 K.Prasad represented by his Power Agent P. Jayashree, W/o.Prasad, Plot No.77, TNHB Colony, Chenniamman Scheme, MIG-2 Type, Thiruvalluvar Nagar, 6th Main Road, Tondiarpet, Chennai 600 081. Petitioner(s)/Plaintiff(s) Vs 1.Amudha W/o.Kumar, Plot No.77, TNHB Colony, Chennaimman Scheme, MIC 2 Type, Thiruvalluvar Nagar, 6th main Road, Tondiarpet, Chennai 81. 2.K.Kumar S/o.Kandasamy, Plot No.77, TNHB Colony, Chennaimman Scheme, MIC 2 Type, Thiruvalluvar Nagar, 6th main Road, Tondiarpet, Chennai 81. 3.K.Mohan Prakash S/o.Kumar, Plot No.77, TNHB Colony, Chennaimman Scheme, MIC 2 Type, Thiruvalluvar Nagar, 6th main Road, Tondiarpet, 1/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 Chennai 81. 4.K.Prasanna S/o.Kumar, No.1L, Hamsa Citren, KCP Road, Thiruvotriyur, Chennai 19. 5.P.Kavini (Minor) D/o. Pradeesh, No.11, Nagammal Nagar, 1st Street, Tholgappiyar Square, VTC Thanjavur Post and District 613 001. rep by her Mother and natural guardian Lavanya 6.P. Maneesh (Minor) S/o. Pradeesh, No.11, Nagammal Nagar, 1st Street, Tholgappiyar Square, VTC Thanjavur Post and District 613 001. rep by his mother and natural guardian Lavanya 7.R.Vathani W/o.Rathinasamy, No.2, 6th Cross Street, Nehru Nagar, Thala Street, Karaikal, Puducherry 609 605. Now res at No.150, TNHB Colony, Chennaiamman Scheme, MIG-2 Type, Thiruvalluvar Nagar, 6th Main Road, Tondiarpet, Chennai 81. 8.Lavanya W/o.K.Pratheesh, C/o.J.Paneerselvam, No.11, Nagammal Nagar, 1st Street, Tholgappiyar Square, V.T.C. Thanjavur Post and District 613 001. Respondent(s)/Defendant(s) Civil Revision Petition filed under Article 227 of the Constitution of India, to eschew the offending portion of the cross-examination of PW2 done by the learned counsel for the D1, D2, D4, D5, D6 and D8 in O.S.No.2907 of 2/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 2023 dated 12.08.2025, which is pending before the XIX Assistant City Civil Court, Allikulam, Chennai. For Petitioner(s) : Mr.P.Vijendran For RR1 & 2 : Mr.J.Shanmuga Sundaram Babu For R7 : Mr.K.M.C.Arunmokan For R8 : Mr.S.Ambigapathy ORDER This petition has been filed to eschew the offending portion of the cross-examination of PW2 done by the learned counsel for the D1, D2, D4, D5, D6 and D8 in O.S.No.2907 of 2023 dated 12.08.2025, which is pending before the XIX Assistant City Civil Court, Allikulam, Chennai. 2. One Prasad represented by his power agent Jayashree has filed a suit against Amudha/D1, Kumar/D2, Vadhani/D3 and Sub Registar, Royapuram/D4, in O.S.No.3626 of 2023 on the file of the XIX Additional City Civil Court, Chennai, seeking the relief of declaration and partition. Written statement was filed by the respondents/defendants and necessary issues were framed. On the side of the revision petitioner/plaintiff, the power agent Jayashree was examined as PW1 and was also cross-examined by the 3/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 respondents/defendants. Thereafter, the mother of PW1 one Lakshmi was examined as PW2 on 12.08.2025 and was cross-examined by the respondents/defendants 1, 2, 4, 5, 6 and 8 and 7 and thereafter, the revision petitioner's/plaintiff's side evidence was closed. On the side of the respondents/defendants, DWs.1 to 3 were examined-in-chief and cross- examined and the case was posted for arguments. At this stage, the revision petitioner/plaintiff has preferred the present civil revision petition to eschew the offending portion of the cross-examination of PW2 done by D1, D2, D4, D5, D6 and D8 in O.S.No.2907 of 2023 dated 12.08.2025. 3. The learned counsel appearing for the revision petitioner/plaintiff would submit that the subject matter of the suit is pertaining to the dispute between the parties as to whether there is a joint family property exists or not. During the cross-examination PW2, the learned counsel appearing for the defendants viz. D1, D2, D4, D5, D6 and D8 has put forth certain questions, which is irrelevant, indecent and scandalous as contemplated under Section 151 of the Indian Evidence Act, 1872/Section 154 of the Bharatiya Sakshya Adhiniyam, 2023 and therefore, the revision 4/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 petitioner/plaintiff has been preferred the present petition to eschew the offending portion of cross-examination of PW2. 4. Though in the revision petition there is no mention about the specific portion of the offending and irrelevant portion in the cross- examination of PW2, during arguments, the learned counsel appearing for the revision petitioner/plaintiff pointed out the cross-examination made by D1, D2, D4, D5, D6 and D8 on 12.08.2025, particularly last three lines in paragraph no.6 and first three lines in paragraph no.7 in the cross- examination of PW2. 5. Per contra, the learned counsel appearing for the respondents would submit that during the cross-examination of PW2, neither PW2 nor her counsel has made any objection and the suit is reserved for judgment. Therefore, there is no reason that warrants interference of this Court to eschew the offending portion of the cross-examination of PW2 done on 12.08.2025. 5/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 6. Considering the arguments advanced on either side and also considering the nature of the suit pending between the parties, in order to protect the modesty of a woman in a civil case of declaration of title and partition, this Court is inclined to give liberty to the revision petitioner/plaintiff to file an appropriate application before the Court below. On such application being filed, the Court below shall take on file, if it is otherwise in order and dispose of the same on merits and in accordance with law after providing an opportunity of hearing to both the parties as expeditiously as possible. With the above observations, this civil revision petition is dismissed. No costs. 15.10.2025 nsd Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No Note: Issue copy of this order today. 6/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 To The XIX Assistant City Civil Judge, Allikulam, Chennai. 7/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 M. JOTHIRAMAN, J. nsd 8/9 https://www.mhc.tn.gov.in/judis CRP.No.3950 of 2025 CRP.No.3950 of 2025 15.10.2025 9/9 https://www.mhc.tn.gov.in/judis