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2026 DAILYLAW 47458 (MAD)

Thenmozhi, v. Malaiappan,

CRP(MD)/1714/2026 · 2026-07-06

S Sounthar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P(MD)No.1714 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2026 CORAM THE HON'BLE MR. JUSTICE S.SOUNTHAR C.R.P.(MD)No.1714 of 2026 and C.M.P(MD)No.8257 of 2026 1.Thenmozhi 2.Poongodi 3.Kumar .. Petitioners Vs. 1.Malaiappan 2.Mookaiyaa 3.Kalaiyarasi 4.The Sub Inspector of Police, Karambakudi Police Station, Pudukkottai District. (The petitioner has made givenup to the 3rd and 4th respondents in the C.R.P) .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair order passed by the District Munsif cum Judicial Magistrate Court, Karambakudi in I.A.No.2 of 2025 in O.S.No.50 of 2023 dated 26.03.2026. For Petitioners : Mr.N.Kamesh * * * * * 1/5 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1714 of 2026 ORDER The Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioners to eschew the chief examination of P.W.1/first plaintiff. 2. The petitioners filed the suit seeking declaration of tile and for permanent injunction against the respondents. The trial was already commenced and on behalf of the plaintiffs, the first petitioner/first plaintiff was examined in chief, and through her, 23 documents were marked. Thereafter, the petitioners filed the instant application seeking to eschew the chief examination of the first plaintiff on the ground that she was suffering from diabetes and, therefore, was unable to appear before the Court for cross- examination. The application was opposed by the respondents on the ground that the petitioners had failed to produce any medical records to substantiate the said claim. 3. The trial Court also observed that the petitioners had failed to substantiate the averments made in the affidavit by producing any medical records or a medical certificate and, consequently, dismissed the application. 2/5 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1714 of 2026 4. It is seen from the records that the first plaintiff had already been examined in chief and 23 documents had been marked through her. Thereafter, the instant application was filed seeking to eschew her chief examination mainly on the ground that she was unable to appear before the Court for cross-examination due to her medical condition. Though the petitioners pleaded that the first plaintiff was suffering from diabetes and was therefore unable to appear before the Court, they failed to produce any medical records or a doctor's certificate in support of the said plea. In such circumstances, the trial Court was justified in dismissing the application. I do not find any illegality or infirmity in the order passed by the trial Court warranting interference by this court. 5. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 06.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn To 1.The District Munsif cum Judicial Magistrate Court, Karambakudi. 3/5 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1714 of 2026 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.1714 of 2026 S.SOUNTHAR, J. skn C.R.P.(MD)No.1714 of 2026 and C.M.P(MD)No.8257 of 2026 06.07.2026 5/5 https://www.mhc.tn.gov.in/judis