Alagarsamy Naidu (Died), A. Subbulakshmi, v. R. Ramasubramanian,

ORDER The present Civil Revision Petition has been filed against the fair and decreetal order, dated 24.03.2023 made in I.A.No.1 of 2022 in A.S.No.31 of 2011 on the file of the Principal Subordinate Court, Srivilliputtur.

¶2The petitioner is the respondent in A.S.No.31 of 2021. The said appeal was filed by the respondents herein against the judgment and decree passed in O.S.No.46 of 2002 by the learned Additional District Munsif Judge, Srivilliputtur.

¶3It appears that the suit was originally filed for declaration and permanent injunction to restrain the petitioner herein from interfering with the peaceful possession of the suit schedule property. Subsequently, the plaint was amended in O.S.No.46 of 2002. The respondents sought to make out a case that the petitioner has encroached the property on the southern side of the suit schedule property and therefore, introduced the second schedule forming part of the first schedule property. The Additional District Munsif Court, Srivilliputtur has partly allowed the suit as far as the declaration and permanent injunction and has declined to decree the suit as far as mandatory injunction. Therefore, respondents have filed the above appeal in A.S.No.31 of 2011 before the Principal Subordinate Court, Srivilliputtur.

¶4In the aforesaid appeal, the respondents have filed an application in I.A.No.1 of 2022 under Order 41 Rule 27 of C.P.C. for receiving an additional evidence in the form of sale deed in respect of the property measuring approximately 12 1/2 cents, which is supposed to be at the southern side of the first and second suit schedule to the plaint. The Principal Sub Court, Srivilliputhur has allowed the application with the following observations:

5....Mdhy; NkNy nrhd;dthW 13 1/2 mb kw;Wk; 3/4 mb jfu \Pl; Nrh;j;J gpujpthjp mDgtpg;gij tprhuiz ePjpkd;wk;

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FwpaPL

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vd kDjhuh;fs;/thjpfs;

jug;gpy;

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mtrpakhdJ vdTk; ,e;ePjpkd;wk; fUJfpwJ. i\ Mtzq;fis ,e;j Nky;KiwaPl;by FwpaPL nra;jhy; jhth nrhj;J kw;Wk; mjw;F njd;gf;fKs;s thjfspd; ,ju nrhj;Jf;fs; rk;ge;jkhd mstPLfis fzf;fPL nra;a ,aYk; vdTk; mjdg;gbilapy; eP.kh.rh.M.5 mwpf;ifia xg;gpl;L ghprPypj;J KbT nra;a ,aYk; vdTk; ,e;ePjpkd;wk; fUJfpwJ. vdNt> ,e;j kDNthL jhf;fy nra;Js;s 2 fpiua gj;jpuq;fisAk; thjpfs; jug;gpy; FwpaPL nra;a mDkjpf;fyhk; vdTk; mNj rkak; i\ fpiua gj;jpuq;fs; rk;ge;jkhf thjpfs; jug;gpy; tha;nkhop rhl;rpak; mspg;gjw;Fk; gpujpthjp jug;gpy; FWf;F tprhuiz nra;tjw;Fk; mDkjp mspg;gJ mtrpak; vdTk; ,e;ePjpkd;wk; KbT nra;fpwJ. ,Wjpahf. ,e;j kD mDkjpf;fg;gl;L ,e;j kDNthL jhf;fy; nra;Js;s 2 fpia gj;jpuq;fisAk; thjpfs; jug;gpy; FwpaPL nra;a mDkjpf;fg;gl;L i\ fpiua gj;jpuq;fs; rk;ge;jkhf thjpfs; jug;gpy; tha;nkhop rhl;rpak; mspg;gjw;Fk; gpujpthjp jug;gpy; FWf;F tprhuiz

nra;tjw;Fk;

mDkjpf;fg;gl;L cj;jutplg;gLfpwJ. mjw;F trjpahf jPh;g;Gf;fhf Nghlg;gl;Ls;s Nky;KiwaPlhdJ tprhuizf;fhf hPxg;gd; nra;ag;gLfpwJ. nryTj; njhif ,y;iy."

¶5The learned counsel for the petitioner submits that there is no averment in the amended plaint regarding the document which is sought to be introduced at the appellate stage. Therefore, the appellate Court has committed an error in allowing the application filed by the respondent. It is further submitted that the suit is of the year 2002 and the appeal is of the year 2011 and the application for introducing the additional evidence was filed on 08.12.2022, when the case was listed for pronouncing judgment.

¶6I have considered the arguments advanced by the learned counsel for the petitioner and also perused the relevant portion of the judgment and decree in O.S.No.46 of 2022 and order passed in I.A.No.1 of 2022 filed under Order 41 Rule 27 of C.P.C.

¶7Although the application has been filed belatedly at the fag end of the proceedings, in my view, the application was rightly allowed by the Court. Ultimately, the appeal proceedings is an continuation of the original proceedings. In my view, no prejudice will be caused as document which is sought to be introduced pertains to the land which is supposed to be located at the southern side of the first and second suit schedule property.

¶8In any event, by receiving additional evidence ipso facto would not result in final determination of the inter se rights of the parties. It is for the petitioner to make submission before the Court. However, the Court may award cost to the petitioner at the time of final disposal of the appeal as the interlocutory application in I.A.No.1 of 2022 was filed almost 11 years after the appeal that was filed in A.S.No.31 of 2011.

¶9Considering the fact that the dispute pertains to the year 2002 and the appeal is of the year 2011, the Principal Sub Court, Srivilliputhur shall endeavour to dispose of the suit in A.S.No.31 of 2011 within a period of three months from the date of receipt of copy of this order.

¶10The present Civil Revision Petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

07.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To

1.The Principal Subordinate Court, Srivilliputhur.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai. C.SARAVANAN

,J.

SN

07.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.6576 of 2023 Alagarsamy Naidu (Died) A.Subbulakshmi ...Petitioner/Respondent/ Respondent Vs. 1.R.Ramasubramanian 2.R.Jothi Ganesan 3.R.Balasubramanian ...Respondents/Petitioners/ Appellants PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order, dated 24.03.2023 made in I.A.No.1 of 2022 in O.S.No.31 of 2011 on the file of the Hon'ble Principal Subordinate Court, Srivilliputtur. For Petitioner : Mr.S.I.Muthaiah