CRP/4802/2026 of G.Sarojiniammal (Died) 1. G.Arumugam Vs Royapuram Dharma Brahma on 5 October 2026

ORDER

These Civil Revision Petitions have been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 20.07.2026 in I.A.No.19 of 2026 in O.S.No.640 of 2020 & in I.A.No.22 of 2026 in O.S.No.631 of 2020 on the file of the XIII Assistant Judge, City Civil Court, Chennai, wherein the applications filed by the petitioners/defendants under Order XVIII Rule 17 of C.P.C., to reopen the case to examine witness on the side of the defendants, came to be rejected by the Court below.

2. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the 1st 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 1st respondent is the plaintiff who has filed the suits in O.S.No.631 of 2020 and O.S.No.640 of 2020 seeking for the relief of delivery of possession, for payment of arrears of monthly rent and for damages. The suits reached the stage of trial and PW1 was also examined in chief. Since this witness was not cross-examined, the evidence was closed. The petitioners filed Interlocutory Applications in both suits, seeking for filing additional written statement, recalling and reopening the evidence of PW1 and to receive additional documents. All these applications in both suits, came to be allowed by the Court below on payment of costs.

4. The matters were listed for cross-examination of PW1 on 07.02.2026 and on that day, the cross-examination was not completed and hence, it was closed. The petitioners thereafter filed an adjournment petition, which was rejected and aggrieved by the same, the petitioners filed CRP Nos.1160 & 1162 of 2026 before this Court. These Civil Revision Petitions were disposed of by an order dated 27.04.2026, and the relevant portion is extracted hereunder:

2. When the matter was taken up for hearing, the learned counsel for the petitioner sought permission of this Court to withdraw the revision petitions. Conversely, the learned counsel for the respondent submitted that the accumulated rent arrears amount to approximately ₹12,00,000/-. This Court had previously directed the parties to appear in person. When this Court suggested an amicable settlement of the dispute, the counsel sought time to get instruction. Now, they seek to withdraw these petitions. The conduct of the petitioners is unappreciable; despite accumulating huge rent arrears, they are now seeking to withdraw these petitions to prolong the matter. Consequently, the petitioners in O.S. No. 640 of 2020 are directed to deposit a sum of ₹2,00,000/- (Rupees Two Lakhs only) to the credit of O.S. No. 640 of 2020 and petitioners in O.S. No. 631 of 2020 is directed to deposit a sum of ₹2,00,000/- (Rupees Two Lakhs only) to the credit of O.S. No. 631 of 2020 on the file of the XIII Assistant Judge, City Civil Court, Chennai. Further, the Trial Court is directed to expedite the proceedings and dispose of O.S. No. 640 of 2020 within a period of three (3) months from the date of receipt of a copy of this order, without granting any unnecessary adjournments.

5. The petitioners filed the present Interlocutory Applications to reopen the cases to examine witness on the side of the defendants. These applications came to be dismissed by the Court below both on the ground that the condition imposed by this Court while disposing of the earlier Civil Revision Petitions was not complied with and there was absolutely no reason assigned by the petitioners as to why they did not examine any witness on their side for such a long time. Aggrieved by the said order, these Civil Revision Petitions have been filed before this Court.

6. When the matters were taken up for hearing today, it was brought to the notice of this Court that the condition imposed by this Court while passing the earlier order was complied with during August 2026. Thus, the sum of Rs.2 Lakhs has been deposited to the credit of each suit.

7. The learned counsel for the petitioners submitted that one opportunity may be given to the petitioners to examine their witness.

8. An attempt was made by the parties to resolve the dispute amicably. But however, they were not able to reach a settlement. Therefore, this Court proceeded to hear the cases on merits.

9. In the considered view of this Court, the order passed by the Court below does not suffer from any perversity warranting interference of this Court, since the Court below took into consideration the conduct of the petitioners in not complying with the orders passed in the Civil Revision Petitions. Now that the amount has been deposited to the credit of each suit, this Court deems it fit to give one opportunity to the petitioners by putting them on terms. This is in view of the fact that the plaintiff has sought the relief of recovery of possession and therefore, one last chance can be given to the petitioners to defend themselves.

10. The petitioners are directed to pay cost of Rs.5,000/- in each suit to the plaintiff, within a period of one week from today. If this direction is complied with, the Court below will permit the defendants to examine their witnesses. If the petitioners fail to comply with the directions, the order passed by the Court below shall stand revived. In any event, the Court below shall complete the proceedings in O.S.No.631 of 2020 and O.S.No.640 of 2020, within a period of eight weeks from the date of receipt of copy of this order and a compliance report shall be filed before this Court.

11. In the result, both the Civil Revision Petitions are disposed of in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR Note: Issue Order Copy on 13.10.2026

To The XIII Assistant Judge, City Civil Court, Chennai.

N.ANAND VENKATESH J. SSR CRP No. 4802 of 2026 AND CRP NO. 4804 OF 2026 & CMP NO. 20997 OF 2026 05-10-2026