Madras High Court
CRP/4784/2026 of G.Om Prakash Vs M.Tamilarasi on 15 October 2026
CRP No. 4784 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 4784 of 2026
CNR:{HCMA011532582026}
AND
CRP NO. 4785 OF 2026,
CMP NO. 20956 OF 2026,
CMP NO. 20955 OF 2026
G.Om Prakash
S/o. Govindan,
Proprietor Ruban Enterprises,
No.28/2,
N Block,
MMDA Colony,
Arumbakkam,
Chennai 600 106.
..Petitioner(s)
Vs
M.Tamilarasi
W/o. Muthuraj,
Proprietor Ayilvel Enterprises,
No.11/722,
Ambedkar Salai,
Muthaiah Nagar,
Kovilambakkam,
Chennai 600 129.
..Respondent(s)
CRP No. 4785 of 2026
CNR:{HCMA011532592026}
G. Om Prakash
S/o. Govindan,
Proprietor Ruban Enterprises,
CRP No. 4784 of 2026
No.28/2,
N Block,
MMDA Colony,
Arumbakkam,
Chennai 600 106.
..Appellant(s)
Vs
M. Tamilarasi
W/o. Muthuraj,
Proprietor Ayilvel Enterprises,
No.11/722,
Ambedkar Salai,
Muthaiah Nagar,
Kovilambakkam,
Chennai 600 129.
..Respondent(s)
CRP No. 4784 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the common order and decree dated 10.04.2026 passed in IA
No.3 of 2026 in OS No.579 of 2021 on the file of the Honourable Subordinate Judge, Alandur and thus render justice.
CRP No. 4785 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the common order and decree dated 10.04.2026 passed in IA
No.4 of 2026 in OS No.579 of 2021 on the file of the Subordinate Judge, Alandur and thus render justice.
For Petitioner(s):
Mr.E.Muralidharan
For Respondent(s):
No Appearance
CRP No. 4784 of 2026
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ORDER
These Civil Revision Petitions have been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 10.04.2026 passed in I.A. Nos.03 & 04 of 2026 in OS No.579 of 2021 on the file of the Subordinate Judge, Alandur, wherein the applications filed by the petitioner/defendant to reopen and to recall PW1 for cross-examination, came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below. The respondent has been served with notice and the name of the respondent has also been printed in the cause list. However, there is no representation on behalf of the respondent, either in person or through counsel,
3. The respondent/plaintiff filed the suit in O.S.No.579 of 2021 seeking for the relief of recovery of money along with interest. After the framing of issues, the trial commenced and PW1 was examined in chief on 18.12.2023.
CRP No. 4784 of 2026
Since the cross-examination was not conducted on 08.01.2024, the evidence of PW1 was closed. Thereafter, IA Nos.1 and 2 of 2024 were filed by the petitioner to reopen and recall PW1 for cross-examination. These applications were allowed on 10.01.2025. However, PW1 was not cross-examined and therefore, the evidence of PW1 was closed once again on 22.10.2025 and the case was posted for examination of the other defendant side witnesses. At this stage, the present applications came to be filed to reopen and to recall PW1 for further cross-examination. These application were dismissed by the Court below on the ground that the petitioner was attempting to drag on the suit. Aggrieved by the same, these Civil Revision Petitions have been filed before this Court.
4. When these revision petitions came up for admission on 12.08.2026, this Court entertained the petitions and granted an order of interim stay on the condition that the petitioner will deposit a sum of Rs.70,000/- to the credit of O.S.No.579 of 2021 on or before 08.09.2026. A memo has been filed on behalf of the petitioner along with the relevant document and it is seen that the sum of Rs.70,000/- has been deposited to the credit of the suit on 08.09.2026.
CRP No. 4784 of 2026
5. In the light of the compliance on the interim order passed by this Court, this Court is inclined to give one opportunity to the petitioner to reopen and recall PW1 for cross-examination.
6. In the result, order dated 10.04.2026 passed in I.A. Nos.03 & 04 of 2026 in OS No.579 of 2021 on the file of the Subordinate Judge, Alandur, is set aside and both the Civil Revision Petitions are allowed and it is made clear that the cross-examination of PW1 shall be completed on the same day when PW1 is present before the Court. That apart, the Court below is directed to dispose of the suit in O.S.No.579 of 2021, within a period of three months from the next hearing date. No Costs. Consequently, the connected miscellaneous petitions are closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
CRP No. 4784 of 2026
N.ANAND VENKATESH J. SSR To The Subordinate Judge, Alandur. CRP No. 4784 of 2026 AND CRP NO. 4785 OF 2026,CMP NO. 20956 OF 2026,CMP NO. 20955 OF
15-10-2026