CRP/6192/2026 of Vasanthi E Vs M.C.Balan (Died), 1.B.Loganathan on 6 October 2026

COMMON ORDER

These civil revision petitions have been filed against the order dated 21.04.2026 passed in I.A.Nos.13 and 14 of 2025 in O.S.No.199 of 2022 by the Subordinate Court, Thiruvottiyur, wherein the applications filed by the petitioners/plaintiffs for reopening the case and recalling PW-1 to mark additional documents and for further cross-examination came to be dismissed by the Court below.

2. Heard learned counsel for petitioners and learned counsel for third respondent and perused the materials available on record. This Court also carefully went through the order passed by the Court below.

3. The petitioners are plaintiffs who filed the suit in O.S.No.199 of 2022 seeking for the relief of partition and for allotment of 1/7 share in the suit property. The suit was filed in the year 2011 and the trial commenced in the year 2018 and PW-1’s cross-examination was adjourned for a period of 3 months and since there was no representation for more than five adjournments, the plaintiffs’ side was closed and the defendants’ side commenced in the year 2019. Ultimately, the defendants’ side evidence was completed in the year 2020. In the year 2020, the case was transferred from Ponneri to Thiruvottiyur. Thereafter, no steps were taken by the petitioners to reopen and recall PW-1 for marking additional documents. The suit ultimately reached the stage of final arguments during the year 2023 and the case was posted for judgment on 02.06.2023. Thereafter, the applications were filed to implead the legal representatives and taking advantage of the same, two interlocutory applications were filed by the petitioners/plaintiffs to reopen and to recall PW-1 for further cross-examination and for marking additional documents. These applications came to be dismissed by the Court below. Aggrieved by the same, these revisions have been filed before this Court.

4. In the considered view of this Court, the Court below has taken into consideration the attitude of the petitioners in this case. In the case in hand, the documents that are sought to be brought in by the petitioners were very much available even at the time of filing of the suit. Apart from that, PW-1 did not subject himself to cross-examination in spite of repeated adjournments. Even after the case was transferred in the year 2020 to the file of Sub-Court, Thiruvottiyur, no steps were taken to file an application to reopen and recall PW-1 for further cross examination and for filing additional documents. The suit ultimately reached the stage of judgment in the year 2023. Applications were filed to implead the legal heirs of some of the deceased defendants and taking advantage of this situation, the present applications were filed in the year 2025. As rightly held by the Court below, there is absolutely no bona fides on the part of the petitioners even to entertain these applications and the Court was virtually struggling to dispose of the suit, which was filed in the year 2011. The reasoning given by the Court below does not suffer from any perversity warranting the interference of this Court. In the result, the impugned order is sustained and these civil revision petitions are dismissed. There shall be a direction to the Subordinate Court, Thiruvottiyur, to dispose of the suit in O.S.No.199 of 2022 within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm/ksk

N.ANAND VENKATESH J. gm/ksk To The Subordinate Court, Thiruvottiyur. Civil Revision Petition Nos.6192 & 6216 of 2026 06-10-2026