CRP/2395/2025 of S.PONNUSAMY Vs Ramalingam
CRP No. 2395 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 2395 of 2025
and CMP.No.13818 of 2025
S.Ponnusamy
S/o. Late.Sengan Padayachi, 64, Vijayapuram 7th
Street, Chinnasalem, Kallakurichi Dist.
..Petitioner(s)
Vs
1. Ramalingam
S/o. Ramasamy, Kural Village, Chinnasalem
Taluk, Kallakurichi Dist.
2. Kannan
S/o. Iyyamperumal, Alampadi Village,
Thittakudi Taluk, Cuddalore Dist.
Kolanjiammal (Died)
3. The State Government
Rep by the District Collector, Villupuram
4. The Principal Accountant General
(A and E), Chennai
5. The Additional Chief Educational Officer,
Villupuram
6. The District Treasury Officer
Villupuram
7. The Sub Treasury Officer,
Kallakurichi
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, praying to set aside the order dated 20.12.2024 made in Memo in I.A No.
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CRP No. 2395 of 2025
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783 / 2021 in OS No. 270 of 2013 on the file of the Ld.Principal District Munsif
Court, Kallakurichi by allowing this CRP
For Petitioner(s): MR.N.Manoharan
For Respondent(s): MR.S.VIJAYA KUMAR FOR R1 AND R2
MR.V.RAMESH GA FOR R3TO R7
ORDER
The Civil Revision Petition is filed challenging the order dated
20.12.2024 made in Memo in I.A No. 783 / 2021 in OS No. 270 of 2013 on the
file of the learned Principal District Munsif Court, Kallakurichi.
2. The revision petitioner is the plaintiff in O.S. Nos. 270 of 2013 and 75
of 2013, wherein the defendants are one and the same in both suits. Tria l has
commenced, and evidence has been recorded in O.S. No. 75 of 2013 as we ll as
in I.A. No. 851 of 2021. The petitioner also filed a memo seeking to adopt the
same evidence in the connected proceedings, namely in I.A.No.783 of 2021 i n
O.S. No. 270 of 2013, since the parties are identical.
3. Though the trial Court accepted the memo, it granted liberty t o the
defendants to adduce further evidence in O.S. No. 270 of 2013. In O.S. N o. 75
of 2013, the evidence has already been closed and the matter is poste d for
arguments. Aggrieved by the liberty granted to the defendants, the present
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CRP No. 2395 of 2025
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revision has been filed.
4. The learned counsel for the petitioner submitted that the trial Judge
ought to have posted both suits for arguments instead of granting liberty to the
defendants to adduce further evidence in O.S.No.270 of 2013. However, the
relief claimed in O.S. No. 270 of 2013 relates to family pension, whereas O.S.
No. 75 of 2013 is a comprehensive suit in which evidence has already bee n
recorded.
5. In such circumstances, if the defendants have any further evidence t o
adduce in O.S. No. 270 of 2013, they may be permitted to do so; failing which,
multiplicity of proceedings would arise. Accordingly, the defendants are
granted two weeks time from the date of receipt of a copy of t his order to
adduce further evidence, if any.
6. If no further evidence is adduced within the said period, the tri al Court
is directed to adopt the evidence recorded in I.A. No.851 of 2021 in O.S.No.75
of 2013 for I.A.No.783 of 2021 in O.S.No.270 of 2013. Thereafter, the trial
Court shall dispose of I.A.Nos.783 of 2021 and 851 of 2021 in accordance with
law within a period of four weeks and proceed with the trial in both suits.
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CRP No. 2395 of 2025
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7. In view of the above direction, this civil revision petition is di sposed
of. Consequently, connected miscellaneous petition is closed. No costs.
08-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MPA
https://www.mhc.tn.gov.in/judis
CRP No. 2395 of 2025
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To
1. The Principal District Munsif Court, Kallakurichi
1. The State Government
Rep by the District Collector, Villupuram
2. The Principal Accountant General
(A and E), Chennai
3. The Additional Chief Educational Officer,
Villupuram
4. The District Treasury Officer
Villupuram
5. The Sub Treasury Officer,
Kallakurichi
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CRP No. 2395 of 2025
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T.V.THAMILSELVI, J.
MPA
CRP No. 2395 of 2025
and CMP.No.13818 of 2025
08-04-2026
https://www.mhc.tn.gov.in/judis