Madras High Court
CRP(MD)/2603/2025 of S.Karumpichan (Died), 1) K.N Vs V.C.Sankaran Ambalam (Died) on 2 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02/09/2026
CORAM:
THE HONOURABLE MS.JUSTICE R.POORNIMA
CRP(MD)No.2603 of 2025
and
CMP(MD)No.15331 of 2025
S.Karumpichan (Died)
1.K.Nallan Poosari
P.Aandikalai (Died)
2.a.Karuppan
3.A.Pichai
4.M.Chinnan
5.M.Karumpichan
6.M.Pichai
7.A.Karuppan
8.Chellammal
9.Pothumponnu
10.Muthulakshmi
11.Rasathi : Petitioners/Petitioners/
Defendants 1 to 8, 11 to 15
Vs.
V.C.Sankan Amabalam (Died)
1.C.Ponnan
2.C.Veeramalai
3.N.Rasu
4.N.Sankar
S.Murugan (Died)
5.S.Periyasamy
6.S.Aandi
7.S.Ponnan
8.S.Sundaraj
9.S.Rajendran
10.Rajamani @ Rajammal
11.Sankar
12.Minor Kavitha : Respondents/Respondents/
(12th Respondent/Minor Kavitha Plaintiffs represented through her mother/
10th respondent herein as natural
Guardian)
PRAYER: This Civil Revision has been filed under Article 227 of the Constitution of India, against the order and decree, dated 17/06/2025
made in IA No.12 of 2024 in OS No.124 of 2009 on the file of the Principal District Munsif Court, Vedasandur.
For Petitioner
: Mr.G.Gomathisankar
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O R D E R
The present Civil Revision Petition is filed against the order passed in I.A.No.12 of 2024 in O.S.No.124 of 2009 by the Principal District Munsif, Vadasandur, dated 17/06/2025.
2. The petitioners are the defendants in the above suit. The suit was filed for declaration and permanent injunction. On 09/06/2011, the 8th plaintiff was cross examined as PW1 and thereafter, he was also cross examined on 05/07/2012. The petitioners state that they had omitted to cross-examine PW1 on certain important aspects. In order to cross- examine PW1 on certain important questions, they ought to reopen the evidence and recall PW1 for the purpose of further cross examination. Accordingly, they filed a petition to reopen the evidence and recall PW1, which came to be dismissed by the Trial Court. Aggrieved by the same, the present Civil Revision Petition has been filed.
3. The learned counsel for the petitioners submitted that due to inadvertence, the petitioners had failed to cross examine PW1 on certain aspects and that they now seek an opportunity to further cross examine PW1 with regard to the existence of a well in the suit property and also with regard to the enjoyment of the said property.
4. However, on a perusal of the petition filed by the petitioners, it is seen that they have not specifically stated the purpose for which they seek to reopen the evidence and recall PW1 for further cross examination. The trial Court, in its order, has clearly held that the matter was posted for the cross examination of PW1 on 09/06/2011, whereas PW1 was cross examined only on 05/07/2012. Thus, the petitioners had already taken nearly one year to cross examine PW1. Thereafter, they have taken almost 12 years to seek reopening of the evidence and recall of PW1, when the matter is now posted for the examination of defendants side.
5. It is further noticed that the suit itself has been pending almost 15 years. Considering the above facts and circumstances, this Court does not find any illegality or irregularity in the order passed by the trial Court rejecting the prayer of the petitioners. However, considering the fact that the suit has been pending for almost 15 years, the trial Court is directed to complete the trial and dispose of the suit within a period of three months from the date of receipt of a copy of this order.
6. With the above observation, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
02.09.2026 Index : Yes / No Internet : Yes / No er
R.POORNIMA, J. er To,
1. The Principal District Munsif, Vedasandur.
2. The Section Officer, VR/ER Section, Madurai Bench of Madras High Court, Madurai.
CRP(MD)No.2603 of 2025 02/09/2026