Madras High Court
CRP/3112/2026 of S.Doss Vs P.Ekambaram on 7 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP NO. 3112 to 3116 of 2026
CMP NO. 13497, 13502, 13498, 13495, 13499, 27835 & 27831 OF 2026
CRP No. 3112 of 2026
CNR:{HCMA011170602026}
S. Doss
S/O.Sandru,
Rest.at No.80A, 1st Street,
Big Melamaiyur,
Chengalpet Tk and Dist.
..Petitioner(s)
Vs
1. P. Ekambaram
S/o.Palayam,
No.55B, Railway Colony,
Chengalpet.
2. S.Saravanan
S/o.Siva,
Big Natham,
Chengalpet Tk and Dist.
Respondents
CRP No. 3114 of 2026
CNR:{HCMA011170622026}
S. Doss
S/o. Chandru,
Res. at No. 200/1, 1st Street,
Alapakkam,
Vellam Post,
Changalpet District.
.. Petitioner(s)
Vs
1. P. Ekambaram
S/o.Palaiyam,
No.55B, Railway Colony,
Chengalpet.
2. S.Saravanan
S/o.Siva,
No.40/A4, Thattanmalai Street,
Big Natham,
Chengalpet Tk and Dist.
Respondent
CRP No. 3113 of 2026
CNR:{HCMA011170642026}
S. Doss
S/O.Sandru,
Rest.at No.80A, 1st Street,
Alapakkam,
Vellam Post,
Chengalpet Dist.
. .Petitioner(s)
Vs
1. P. Ekambaram
S/o.Palayam,
No.55B, Railway Colony,
Chengalpet.
2. S.Saravanan
S/o.Siva,
No.40/A4, Thattanmalai Street,
Big Natham,
Chengalpet Tk and Dist.
..Respondent(s)
CRP No. 3115 of 2026
CNR:{HCMA011170612026}
S. Doss
S/O.Sandru,
Rest.at No.80A, 1st Street,
Big Melamaiyur,
Chengalpet Tk and Dist.
..Petitione(s)
Vs
1. P. Ekambaram
S/o.Palayam,
No.55B, Railway Colony,
Chengalpet.
2. S.Saravanan
S/o.Siva,
No.40/A4, Thattanmalai Street,
Big Natham,
Chengalpet Tk and Dist.
Respondent
CRP No. 3116 of 2026
CNR:{HCMA011170632026}
S. Doss
S/o.Chandru,
No.200/1, 1st Street,
Alapakkam,
Vellam Post,
Chengalpet Dist.
..Petitioner(s)
Vs
1. P. Ekambaram
S/o.Palaiyam,
res.at 55B, Railway Colony,
Chengalpet Dist.
2. S.Saravanan
S/o.Siva,
Big Natham,
Chengalpet Tk and Dist
CRP No. 3112 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 15-04-2026 made in IA.SR.1656 of 2026 in OS.No.337 of 2009 on the file of the Learned District Munsif Court, Chengalpet.
CRP No. 3113 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 23-02-2026 made in IA.No.6 of 2025 in OS.No.337 of 2009 on the file of the Learned District Munsif Court, Chengalpet.
CRP No. 3114 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 23-02-2026 made in IA.No. 8 of 2025 in OS.No.337 of 2009 on the file of the Learned District Munsif Court, Chengalpet and thus render justice.
CRP No. 3115 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 15-04-2026 made in IA.SR.1654 of 2026 in OS.No.337 of 2009 on the file of the Learned District Munsif Court, Chengalpet.
CRP No. 3116 of 2026
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 23.2.2026 made in IA.No.7 of 2025 in OS.No.337 of 2009 on the file of the Learned District Munsif Court, Chengalpet.
For Petitioner(s):
In all CRPs
Mr.K.Raja
For Respondent(s):
In all CRPs
Mr.S.Pushpakaran for R2
R1 - Deceased
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COMMON ORDER
These Civil Revision Petitions have been filed under Article 227 of the Constitution of India against the order passed by the Court below in IA.Nos.6, 7 & 8 of 2025 in OS.No.337 of 2009, dated 23.02.2026, on the file of the District Munsif Court, Chengalpet and the subsequent Interlocutory Applications filed to reopen the petitions dismissed that at the SR stage by an order dated 15.04.2026.
2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the 2nd respondent and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.
3. The petitioner is the plaintiff who filed the suit in O.S.No.337 of 2009, seeking for the relief of redemption of mortgage, to declare certain documents as null and void and for permanent injunction. When the suit was filed, the xerox copy of the Encumbrance Certificate was filed and at the stage of trial, the petitioner wanted to let in the secondary evidence of the Encumbrance Certificate dated 26.03.2009. Hence, applications were filed to reopen, recall and for receiving additional documents which included the notarised Encumbrance Certificate. The Court below dismissed the applications by an order dated 23.02.2026. Thereafter, two Interlocutory Applications were filed to reopen which were also dismissed by the Court below by an order dated 15.04.2026.
4. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner will confine the present case only to the Encumbrance Certificate dated 26.03.2009 which alone may be permitted to be produced.
5. The learned counsel for the respondents/defendants submitted that the case was at the stage of final arguments and that, at this stage, application were filed by the plaintiff only with a view to dragging the proceedings. It is further submitted that the petitioner cannot be allowed to bring in secondary evidence without first establishing the fact as to where the original was lost.
6. The entire dispute in the present case is now confined to the Encumbrance Certificate dated 26.03.2009 and what has been filed before the Court below is a photocopy of this document. The petitioner wants to file the notarised Encumbrance Certificate as secondary evidence. However, it may not be necessary for the petitioner to undertake this exercise. The petitioner can always apply for a fresh Encumbrance Certificate covering the period from 2003 onwards and that Encumbrance Certificate can be marked along with the photocopy of the Encumbrance Certificate dated 26.03.2009 and that will effectively solve the problem.
7. In view of the above, the order passed by the Court below is set aside and the Court below shall reopen and recall PW1 only for the purpose of marking the Encumbrance Certificate in the manner stated supra and whatever objections are raised on the side of the defendants shall also be taken into consideration regarding the relevancy, proof and admissibility and an opportunity shall be given to the defendants to cross-examine PW1.
8. The suit is already at the stage of final hearing and therefore, there shall be a direction to the District Munsif, Chengalpattu to dispose of the suit in O.S.No.337 of 2009, within a period of three months from the date of receipt of copy of this order on its own merits and in accordance with law after hearing both sides.
9. This Civil Revision Petition is disposed of in the above terms. No Costs. Consequently, the connected miscellaneous petitions are closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
N.ANAND VENKATESH J. SSR To The District Munsif Court, Chengalpet. CRP NO. 3112 to 3116 of 2026 CMP NO. 13497, 13502, 13498, 13495, 13499, 27835 & 27831 OF 2026 07-10-2026