Madras High Court
CRP/6550/2026 of S.Hameeda Vs T.A.Diyath Basha (Died) Sheeras Begam (Died) 1.Afs on 14 October 2026
CRP No. 6550 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6550 of 2026
CNR:{HCMA012304992026}
AND
CMP NO. 28235 OF 2026
S.Hameeda
D/o Abdul Rasheeth
..Petitioner(s)
Vs
T.A.Diyath Basha (Died)
Sheeras Begam (Died)
1.Afsal Basha
S/o T.A.Hayath Basha
2. Menas Begum
D/o T.A.Hayath Basha,
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order passed by the learned Subordinate Judge, Tirupattur, dated 01.08.2026 passed in I.A.No.8 of 2026 in O.S.No.70 of 2016.
For Petitioner(s):
Ms. Priyanka R
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Order
This Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order passed in IA.No.8 of 2026 in OS No.70 of 2016 dated 01.08.2026, wherein the application filed by the petitioner / plaintiff to reopen the plaintiff’s evidence and examine a
CRP No. 6550 of 2026
witness, came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record as well as the order passed by the Court below.
3. The petitioner is the plaintiff, who filed the suit in OS No.70 of 2016 seeking for the relief of specific performance, The evidence of the side of the petitioner/ plaintiff was closed in the year 2021 and the present application came to be filed in the year 2026 to reopen the evidence on the side of the plaintiff. This application was dismissed by the Court below on the ground that the plaintiff had earlier filed IA No.1 of 2021 seeking to reopen the evidence and the said application was dismissed as not pressed on 08.12.2023. While so, the present application was once again been filed to reopen the evidence in the year 2026 and there was absolutely no explanation as to why the earlier petition was not prosecuted and was not even disclosed in the present application. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
4. In the considered view of this Court, the order passed by the Court below does not suffer from any perversity warranting the interference of this Court. As rightly held by the Court below, in the affidavit filed in support of IA No.8 of 2026, there was absolutely no averment about the earlier application
CRP No. 6550 of 2026
filed in IA No.1 of 2021, which was dismissed as not pressed on 08.12.2023. A bald affidavit has been filed seeking to reopen the evidence, which was closed in the year 2021. In other words, after five years, an application has been filed by the petitioner / plaintiff to reopen the evidence on the side of the plaintiff. The application filed by the petitioner completely lacks merits and it deserves to be dismissed.
5. In the light of the above discussion, the order passed by the Court below is sustained and this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Subordinate Judge, Tirupattur
CRP No. 6550 of 2026
N.ANAND VENKATESH J. RKA CRP No. 6550 of 2026 AND CMP NO. 28235 OF 2026 14-10-2026