CRP/6582/2026 of Pratap Pierre Gerard De Condappa Vs Galaxia Enterprises on 14 October 2026

COMMON ORDER

These Civil Revision Petitions have been filed against the fair and decreetal order dated 15.09.2026 passed in I.A.Nos.32 and 33 of 2026 in O.S.No.2347 of 2017 on the file of learned II Additional District Munsif, Puducherry, wherein the applications filed by the petitioner/first defendant to reopen the evidence of D.W.1 and for continuation of cross-examination of D.W.1, came to be rejected by the Court below.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and carefully perused the materials available on record. This Court also went through the impugned order.

3. The first respondent and deceased Mangalatchoumy filed the suit in O.S.No.2347 of 2017 seeking for the relief of permanent injunction restraining the petitioner/first defendant from interfering with the peaceful possession and enjoyment of the suit property except by due process of law. The second plaintiff died and plaintiffs 3 to 5 were impleaded as legal representatives. The plaintiffs 3 and 4 are represented by the fifth plaintiff as their Power of Attorney agent.

4. The evidence on the side of the plaintiffs was completed and D.W.1 was examined on the side of the defendants and cross-examination was also done on several dates. On 23.07.2026, since D.W.1 was not present for continuation of cross-examination, the evidence was closed. Under such circumstances, I.A.Nos.32 and 33 of 2026 in O.S.No.2347 of 2017 were filed by the petitioner/first defendant to reopen and to recall D.W.1 for continuation of the cross-examination by the plaintiffs.

5. The Court below dismissed these applications on the ground that D.W.1 has been sufficiently cross-examined and substantial opportunities were given to D.W.1 to appear before the Court and in spite of the same, D.W.1 was repeatedly not present before the Court and hence, the evidence was closed and therefore, the applications were found to be devoid of merits and accordingly, the same were dismissed. Aggrieved by the said common order, these Civil Revision Petitions have been filed before this Court.

6. It is not in dispute that D.W.1 was examined-in-chief and was cross- examined on various dates. The matter was posted on 04.07.2026 for D.W.1 to appear and since he did not appear, the matter was adjourned to 23.07.2026 and even on that day, since D.W.1 was not present the evidence was closed. In such a scenario, what is available before the Court is the evidence of D.W.1 in chief and evidence deposed in cross-examination to a large extent. It remains inconclusive. Now that the evidence of D.W.1 has been recorded substantially, it cannot be eschewed completely and at the same time, it has not been completed. Hence, it will be very difficult for the Court to properly appreciate the evidence of D.W.1 while disposing of the suits on merits. The evidence of D.W.1 cannot be dropped for the simple reason that substantial judicial time has been consumed for recording the evidence. It will also be more advantageous for the plaintiffs to continue the cross-examination of D.W.1 and complete the same so that the entire deposition of D.W.1 can be taken into consideration by the Court while dealing with the suit on merits.

7. It is brought to the notice of this Court that D.W.2 was examined on the side of the defendants, however, the evidence of D.W.2 was also closed. Apart from that, the defendants are going to examine three more witnesses as D.W.3 to D.W.5 and since the evidence on the side of the defendants has been closed, applications have been filed to reopen in order to examine D.W.3 to D.W.5. Those applications are pending before the Court below.

8. This Court, with a view to give a complete closure to this controversy, is inclined to interfere with the order passed by the Court below and also fix specific timelines for completion of the examination of evidence of D.W.1 to D.W.5.

9. In the light of the above discussion, the order passed by the Court below in I.A.Nos.32 and 33 of 2026 in O.S.No.2347 of 2017 dated 15.09.2026 is hereby set aside and these Civil Revision Petitions are allowed in the following terms:

(a) The Court below shall allow the applications filed for reopening and continuation of cross-examination of D.W.1 and for examination of D.W.3 to D.W.5 on the side of the petitioner/first defendant.

(b) D.W.1 shall be present before the Court on 27.10.2026 and further cross- examination of D.W.1 shall be completed on or before 30.10.2026.

(c) The further cross-examination of D.W.2 shall be completed on 2nd and 3rd November, 2026.

(d) The chief-examination and cross-examination of D.W.3 to D.W.5 shall be completed on or before 13.11.2026.

(e) The learned II Additional District Munsif, Puducherry, is directed to dispose of the suit in O.S.No.2347 of 2017 within a period of three (3) months from 16.11.2026.

N.ANAND VENKATESH, J. mp These civil revision petitions stand allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mp/nm To The II Additional District Munsif, Puducherry. Note: Issue order copy on 26.10.2026 Civil Revision Petition Nos.6582 and 6583 of 2026