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2026 DAILYLAW 17222 (MAD)

M/S. KASTHURI AND COMPANY v. M/S. EMJAY CONSTRUCTIONS AND 2 OTHERS

A/1390/2026 · 2026-04-21

A D Maria Clete

Transfer Petitionbody2026

Judgment text

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A.Nos.1390 to 1392 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A Nos. 1390 to 1392 of 2026 in C.S. No. 699 of 2019 M/s. Kasthuri And Company a registered frm, Rep.by its Mang.Partner N.Veerappan, No.57, Prasanna Vinyagar Koil Street, Mylapore, Ch-4 ..Applicant(s) in all Vs 1. M/s. Emjay Constructions And 2 Others Rep.by its Mang.Partner Mr. Vijayarajan, No.7, Central Street, Kilpauk, Ch-10 R-2 K.MURUGESAN (DECEASED) Partner M/s.Emjay Constructions, No.7, Central Street, Kilpauk, Ch-10 (2ND DEFENDANT DECASED AS PER ORDER DATED 18.07.2024 ON MEMO DT. 10.11.2023 IN CS.NO. 699/2019) 2. Mrs.M.Murugesan Jaya, W/o.Mr.Murugesan, Partner, M/s.Emjay Constructions, No.7, Central Street, Kilpauk, Ch-10 3. Mr.M.Vijayarajan Partner M/s.Emjay Constructions, No.7, Central Street, Kilpauk, Ch-10 (Amended as oer ord.dt.19/03/2021, A.1201/2021) ..Respondent(s) in all 1/4 https://www.mhc.tn.gov.in/judis A.Nos.1390 to 1392 of 2026 COMMON PRAYER: These applications have been filed to grant leave to the Applicant/Plaintiff to reopen the evidence of the Plaintiff PW1, to grant leave to the applicant/plaintiff to recall the evidence of the Plaintiff PW1 and to condone the delay to the applicant/plaintiff to file additional documents in support of the plaint. For Applicant(s): M/S.A.Sundara Vadhanan For Respondent(s): Mr.Narayanan ORDER These applications have been filed to grant leave to the Applicant/Plaintiff to reopen the evidence of the Plaintiff PW1, to grant leave to the applicant/plaintiff to recall the evidence of the Plaintiff PW1 and to condone the delay to the applicant/plaintiff to file additional documents in support of the plaint. 2. After a brief hearing, learned counsel for the applicant/plaintiff submits that he wants to reopen and recall the evidence of PW1 only to mark two additional documents stated in the application namely Reconstitute Deed of Partnership dated 06.04.2024 and Certificate of Registration issued by the Commercial Taxes Department dated 09.02.2011. It is further submitted that the learned Master has proceeded to record the evidence of DW1 and the chief examination has been completed. 2/4 https://www.mhc.tn.gov.in/judis A.Nos.1390 to 1392 of 2026 3. It is always open to the applicant / plaintiff to mark those two documents through the defence side witness since the learned counsel for the defendants has got no objection to the marking of these two documents and has also made endorsements to that effect in the applications. At this juncture, learned counsel for the applicant seeks permission of this court to withdraw these applications and has made endorsements to that effect. 4.Accordingly, these applications are dismissed as withdrawn. No costs. 21-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY 3/4 https://www.mhc.tn.gov.in/judis A.Nos.1390 to 1392 of 2026 DR.A.D.MARIA CLETE, J. AY A Nos. 1390 to 1392 of 2026 in C.S. No. 699 of 2019 21-04-2026 4/4 https://www.mhc.tn.gov.in/judis