Radhakrishnan v. Thambidurai

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRP NO. 6477 OF 2025,CMP NO. 31995 OF 2025

¶1Radhakrishnan S/o.Angappan, Mariamman Koil Street, Koilyanur Village and post, Villupuram Taluk

¶2Raghuraman S/o.Raldhakrishan, No.3/246, Mariamman Koil Street, Koliyanur Village and Post Villupuram Taluk Petitioner(s) Vs

¶1Thambidurai S/o.Angappan, Maniamman Koil Street, Koliyanur Village and Post, Villupuram Taluk

2.Valarmathi W/o.Manibalan Keezhkumaramangalam Village, Cuddalore Taluk

3.Kamalam W/o.Mannadhan, Erichanampalayam, Vakkur Village, Vikravandi Taluk

4.Padmavathi W/o.Dhakshinamoorthy Rajaputhirapalayam Village, Kandamangalam Post, Villupuram Taluk

5.Mahadevan S/o.Ramalingam Kattiyampalayam Village Panruti Taluk

6.Mahadevi W/o.Radha, Sithalampattu Village, Vikravandi Taluk

7.Mahalakshmi W/o.Saravanan Thiruthuraiyur Village, Panruti Taluk

8.Malarkodi W/o.Balasundaram, Auvurimedu Village, Maduranthagam Taluk Balambal (Died)

9.Dhanalakshmi W/o.Moorthy Thodarnthanur Village, Villupuram Taluk

10.Dayanithi S/o.Dhanapal Mariamman Koil Street, Koliyanur Village, Villupuram Taluk Respondent(s) CRP No. 6477 of 2025

¶1Radhakrishnan S/o.Angappan, Mariamman Koil Street, Koilyanur Village and post, Villupuram Taluk

2.Raghuraman S/o.Raldhakrishan, No.3/246, Mariamman Koil Street, Koliyanur Village and Post Villupuram Taluk Appellant(s) Vs

¶1Thambidurai S/o.Angappan, Mariamman Koil Street, Koliyanur Village and Post, Villupuram Taluk

2.Valarmathi W/o.Manibalan Keezhkumaramangalam Village, Cuddalore Taluk

3.Kamalam W/o.Mannadhan, Erichanampalayam, Vakkur Village, Vikravandi Taluk

4.Padmavathi W/o.Dhakshinamoorthy Rajaputhirapalayam Village, Kandamangalam Post, Villupuram Taluk

5.Mahadevan S/o.Ramalingam Kattiyampalayam Village Panruti Taluk

6.Mahadevi W/o.Radha, Sithalampattu Village, Vikravandi Taluk

7.Mahalkshmi W/o.Saravanan Thiruthuraiyur Village, Panruti Taluk

8.Malarkodi W/o.Balasundaram, Auvurimedu Village, Maduranthagam Taluk Balambal (Died)

9.Dhanalakshmi W/o.Moorthy Thodarnthanur Village, Villupuram Taluk

10.Dayanithi S/o.Dhanapal Mariamman Koil Street, Koliyanur Village, Villupuram Taluk Respondent(s) PRAYER To set aside the fair and Decretal order in IA No.624/2025 in OS No.249/2014 dt. 11.11.2025 on the file of the Learned 1st Additional Subordinate Judge, Villupuram, and thereby allow the CRP CRP No. 6477 of 2025 PRAYER To set aside the fair and Decretal order in IA No.625/2025 in OS No.249/2014 dt. 11.11.2025 on the file of the Learned 1st Additional Subordinate Judge, Villupuram, and thereby allow the CRP For Petitioner(s): Mr.N.Suresh For Respondent(s): Mr.J.Madhanraj For R9 and R10 Mr.M.Manirajan For R5 No Appearance For R1To R4 And R6 To R8 COMMON ORDER The petitioners have filed these Civil Revision Petitions to set aside the fair and Decretal order passed in I.A Nos.624 & 625 of 2025, respectively in OS No.249 of 2014 dated 11.11.2025 on the file of the I Additional Subordinate Judge, Villupuram.

¶2Before the Trial Court, the defendants filed I.A. No.624 of 2025 and I.A. No.625 of 2025 in O.S. No.249 of 2014, seeking to reopen and to recall DW6 for cross-examination. The said applications were dismissed on the ground that the suit has been pending for more than 10 years and that the defendants had deliberately failed to cross-examine the witness, thereby attempting to prolong the proceedings. Aggrieved by the same, the present revisions have been filed by the defendants 2 & 10.

¶3The learned counsel for the revision petitioners submitted that on the date fixed for cross-examination, the junior counsel appeared before the Court and sought an adjournment for one day, but the same was not granted, and the applications were erroneously dismissed. He further submitted that the petitioners are ready to cross-examine the witness.

¶4The learned counsel for the respondent raised objections. However, considering the fact that the suit is of the year 2014 and that the counsel for the revision petitioners had sought time on the date of cross-examination, this Court is inclined to grant one more opportunity to cross-examine DW6.

¶5Accordingly, the orders passed in I.A. No.624 of 2025 and I.A. No.625 of 2025 in O.S. No.249 of 2014 are set aside, and both the applications are allowed.

¶6The defendants are directed to cooperate with the trial proceedings. Considering that the suit is of the year 2014, the Trial Court is directed to dispose of the case as expeditiously as possible, preferably within a period of four months.

¶7Accordingly, these Civil Revision Petitions are allowed. Consequently, the connected miscellaneous petition is closed. No costs. 23-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri To

¶1The I Additional Subordinate Judge, Villupuram.

2.The Section Officer, VR Section, High Court of Madras. CRPeNo.e6476eofe2025 T.V.THAMILSELVIoJ. rri CRPoNo.o6476oofo2025 ANDoCRPoNO.o6477oOFo 2025,CMPoNO.o31995o OFo2025 23-03-2026