PRAYER (in C.R.P.(PD) (MD) No.1519 of 2017): Civil Revision Petition is filed, under Article 227 of the Constitution of India, to set aside the fair and decreetal order, passed in I.A.No.748 of 2016 in O.S No.142 of 2013, dated 02.03.2017, on the file of the 1st Additional District Munsif Court, Tirunelveli.
PRAYER (in C.R.P.(PD) (MD) No.1520 of 2017): Civil Revision Petition is filed, under
Article 227 of the Constitution of India, to set aside the fair and decreetal order, passed in I.A.No.749 of 2016 in O.S No.142 of 2013, dated 02.03.2017, on the file of the 1st Additional District Munsif Court, Tirunelveli.
PRAYER (in C.R.P.(PD) (MD) No.1521 of 2017): Civil Revision Petition is filed, under
Article 227 of the Constitution of India, to set aside the fair and decreetal order, passed in I.A.No.751 of 2016 in O.S No.142 of 2013, dated 02.03.2017, on the file of the 1st Additional District Munsif Court, Tirunelveli.
PRAYER (in C.R.P.(PD) (MD) No.1522 of 2017): Civil Revision Petition is filed, under
Article 227 of the Constitution of India, to set aside the fair and decreetal order, passed in I.A.No.750 of 2016 in O.S No.142 of 2013, dated .02.03.2017, on the file of the 1st Additional District Munsif Court, Tirunelveli, and allow the revision petition.
!For Petitioner : Mr.T.Selvan (in all C.R.Ps) ^For Respondent : Mr.V.Meenakshisundaram (in all C.R.Ps) :COMMON ORDER The suit, in O.S No.142 of 2013, has been laid by the petitioner / plaintiff for bare injunction. It is found that the said suit has been contested by the respondent / defendant stoutly and it is seen that the respondent / defendant has also raised a counter claim for the reliefs of declaration and injunction. With the above set of pleadings, the parties went for trial and it is further seen that after closure of both sides' evidence, arguments were also heard and when the matter stood adjourned for pronouncement of judgement, at that stage of the matter, the petitioner / plaintiff seems to have taken various applications to reopen the petitioner / plaintiff's evidence, to reopen his case, to recall P.W.1 and to mark certain additional documents. The said applications having been stoutly resisted by the respondent / defendant, the Court below, on a consideration of the rival contentions put forth by the respective parties, finding that the applications do not merit acceptance and also bereft of any details and finding that the applications had been levelled only with a view to delay the proceedings endlessly, dismissed the applications. Impugning the same, the present civil revision petitions have been preferred.
2. As seen from the common order of the Court below, it is found that no valid reason at all has been given by the petitioner / plaintiff to reopen the evidence again. It is further found that the documents sought to be marked as additional evidence are all after the suit and hence, as rightly determined by the Court below, they could not be marked. It is further seen that the recalling of Village Administrative Officer also does not merit acceptance, as the Village Administrative Officer, who had already been summoned, had clearly deposed that no record is available in his office. In such view of the matter, neither acceptable reason nor cause has been given by the petitioner / plaintiff for the entertainment of the applications. It is seen that the applications are aimed only to procrastinate the proceedings, which has come to the last segment. It is thus, found that the Court below has rightly discountenanced the applications preferred by the petitioner / plaintiff and hence, the impugned order does not call for any interference from this Court.
3. Resultantly, the civil revision petitions are dismissed. Consequently, connected civil miscellaneous petition is closed.
To:
The I Additional District Munsif, Tirunelveli.
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