CRP(MD)/207/2026 of R.C.Kesavan Naidu Vs V.Gunasundari on 15 September 2026

COMMON ORDER

CRP(MD)No.207 of 2026 has been filed challenging the fair and decreetal order, dated 15.10.2025, passed by the learned I Additional District Munsif, Madurai, in I.A.No.3 of 2025 in O.S.No.344 of 2016, which was filed by the petitioner/defendant seeking to reopen the suit, whereas CRP(MD)No.208 of 2026 has been filed challenging the fair and decreetal order, dated 15.10.2025, passed by the learned I Additional District Munsif, Madurai, in I.A.No.4 of 2025 in O.S.No.344 of 2016, which was filed by the petitioner/defendant seeking to recall P.W.1 for the purpose of cross-examination.

2. The suit was filed by the respondent/plaintiff for recovery of money. The petitioner/defendant filed the above petitions contending that when the matter was posted on 12/06/2025, P.W.1 was present, but due to his ill-health, he was unable to cross-examine P.W.1. It was therefore stated that, unless an opportunity is given to cross-examine P.W.1, the

CRP(MD)Nos.207 and 208 of 2026 petitioner would be put to serious hardship. The petitioner also undertook to complete his evidence and arguments within one month from the date of the order.

3. The learned counsel appearing for the respondent/plaintiff opposed the petitions and produced a list of dates and events, which reveals as under:- S.No. Date Events

1. 29-04-2016 Suit for recovery of possession in OS No.344 of 2026 on the file of I Addl. District Munsif Court, Madurai Town was filed by the Respondent/Plaintiff.

2. 13-03-2017 Written statement was filed

3. 29-09-2023 Respondent/Plaintiff was examined as P.W.1. No representation on the side of the petitioner/defendant. Post on 13-10-2023.

4. 13-10-2023 Posted for Cross of PW1. No representation on the side of the petitioner/Defendant/ Posted to 01-11-2023.

5. 01-11-2023 No representation on the side of the Petitioner/Defendant. Posted to 10-11-2023.

6. 10-11-2023 No representation on the side of the petitioner/defendant. Posted to 07-12-2023.

7. 07-12-2023 No representation on the side of the petitioner/defendant. Plaintiff side evidence was closed without cross by the defendant. Adjourned to 13-03-2024 for defendant side evidence.

8. 20-12-2023 IA No.1 & 2 of 2024 were filed by the petitioner/defendant and allowed with cost. Then adjourned to 15-10-2024 for cross of PW1.

9. 15-10-2024 PW1 present, but defendant side asked for adjournment. Adjourned to 25-11-2024.

10. 28-10-2024 Defendant side asked for adjournment for cross of PW1. Adjourned to 25-11-2024.

11. 25-11-2024 Defendant side asked for adjournment for cross of PW1. Adjourned to 10-12-2024.

CRP(MD)Nos.207 and 208 of 2026

12. 10-12-2024 Defendant side asked for adjournment for cross of PW1. Adjourned to 06-03-2025.

13. 06-03-2025 Defendant side asked for adjournment for cross of PW1. Adjourned to 15-04-2025.

14. 15-04-2025 Defendant side asked for adjournment for cross of PW1. Adjourned to 23-04-2025.

15. 23-04-2025 Defendant side asked for adjournment for cross of PW1. Adjourned to 11-06-2025.

16. 11-06-2025 Defendant side asked for adjournment for cross of PW1. Adjourned to 12-06-2025 and No further adjournment.

17. 12-06-2025 Petitioner was absent and No representation on his side. But, PW1 present with her counsel. Hence, the evidence was closed without cross of PW1 by the trial court as suo-motu, since the same stage was pending long back.

18. 24-06-2025 Petitions in IA Nos.3 & 4 of 2025 were filed by the petitioner/defendant for re-open and re-call with an untruthful reason that the non appearance is not a willful. No documents were filed that as the defendant was sick.

19. 15-10-2025 Both the petitions in IA Nos.3 and 4 of 2025 were dismissed.

20. 16-12-2025 Against the common order passed in IA Nos.3 & 4 of 2025 two CRPs have been filed by the petitioner/defendant. The same discloses that the suit was originally filed in the year 2016 and the trial commenced on 29/09/2023. The plaintiff was examined in chief. Since the defendant was not present, the matter was adjourned on several occasions. Ultimately, on 07/12/2023, the plaintiff's evidence was closed. Thereafter, the petitioner filed I.A.Nos.1 and 2 of 2024 seeking to reopen the plaintiff's evidence and recall P.W.1 for cross-examination. The said petitions were allowed. Even thereafter, the petitioner repeatedly sought adjournments for cross-examination of P.W.1 and failed to cross-examine him. Ultimately, the evidence of P.W.1 was closed on 12/06/2025. When

CRP(MD)Nos.207 and 208 of 2026 the matter was thereafter posted for the defendant's evidence, the petitioner filed the present I.A.Nos.3 and 4 of 2025 once again seeking to reopen the plaintiff's evidence and recall P.W.1 for cross-examination.

4. The learned counsel appearing for the respondent/plaintiff further submitted that the respondent/plaintiff is aged about 63 years and that, despite several opportunities having been granted, the petitioner/defendant has been repeatedly seeking adjournments and filing petitions only to protract the proceedings. It was therefore contended that no further opportunity ought to be granted and prays for the dismissal of these civil revision petitions.

5. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

6. It is not in dispute that the suit was filed in the year 2016 and the trial commenced in the year 2023. The records disclose that the petitioner had already been granted an opportunity by allowing I.A.Nos.1 and 2 of 2024 to reopen the plaintiff's evidence and recall P.W.1. Even thereafter,

CRP(MD)Nos.207 and 208 of 2026 several adjournments were sought and the petitioner failed to cross- examine P.W.1. Consequently, P.W.1's evidence was closed on 12/06/2025.

7. The conduct of the petitioner, as borne out by the records, shows that repeated opportunities have already been granted. At the same time, in the interest of justice and to avoid the petitioner raising a grievance at a later stage that he was not afforded an opportunity to cross-examine P.W.1, this Court is inclined to grant one more opportunity, subject to stringent conditions. Accordingly, the impugned orders passed by the learned trial Judge in I.A.Nos.3 and 4 of 2025 are set aside and the said petitions are allowed, subject to the following conditions:-

(i) .The petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) as costs to the respondent/plaintiff on or before 21/09/2026;

(ii) .On payment of the said costs, the petitioner shall be permitted to recall P.W.1 and cross-examine him on or before 23/09/2026;

(iii) .If the petitioner fails to pay the costs within the time stipulated above, the present order shall stand recalled and I.A.Nos.3 and 4 of 2025 shall stand dismissed automatically;

CRP(MD)Nos.207 and 208 of 2026

(iv) .If the petitioner fails to cross-examine P.W.1 on 23/09/2026, the learned trial Judge shall close the plaintiff's evidence and proceed further with the suit without granting any further opportunity to the petitioner to cross-examine P.W.1;

(v) .The petitioner shall cooperate with the trial and shall complete his evidence and arguments without seeking any further adjournment;

(vi) .The learned trial Judge shall endeavour to conclude the trial, including the examination of the witnesses, if any, and arguments and dispose of the suit within a period of three months from the date of receipt of a copy of this order.

8. In the result, both civil revision petitions are allowed with the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed.

9. Post the matter on 22/09/2026 for reporting compliance.

16.09.2026 Index : Yes / No Internet : Yes / No er Note:Issue order copy 16/09/2026

CRP(MD)Nos.207 and 208 of 2026 R.POORNIMA, J. er To,

1. The I Additional District Munsif, Madurai.

2. The Section Officer, VR/ER Section, Madurai Bench of Madras High Court, Madurai.

CRP(MD)Nos.207 and 208 of 2026 16/09/2026

CRP(MD)Nos.207 and 208 of 2026