Dharmaraj v. Dosi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P.(MD)Nos.2515, 2516 and 2517 of 2023 and C.M.P.(MD)Nos.13072, 13075 and 13077 of 2023 Dharmaraj

... Petitioner in all the petitions Vs.

¶1Dosi

¶2Minor Daswan Bala

¶3Minor Daspriya

...Respondents in all the petitions (The respondents 2 and 3 minors represented through their Mother/Natural Guardian 1st Respondent) Common Prayer : These Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated

04.07.2023 made in I.A.Nos.14, 13 and 12 of 2023 in O.S.No.49 of 2018 on the file of the Principal District Munsif Court, Thoothukudi. (in all the petitions) For Petitioner : Mr.I.Robert Chandrakumar COMMON ORDER These Civil Revision Petitions are directed against the orders passed in I.A.Nos.14 of 2023, 13 of 2023 and 12 of 2023 in O.S.No.49 of 2018 dated 04.07.2023 on the file of the Principal District Munsif Court, Thoothukudi.

¶2The respondents have filed the suit in O.S.No.49 of 2018, claiming maintenance against the revision petitioner, who is the father-in-law of the first respondent and grandfather of the respondents 2 and 3. When the suit was posted for arguments, three applications came to be filed by the revision petitioner, one to receive the additional documents, second one to recall the revision petitioner-D.W.1 for further examination and third one to reopen the case.

¶3It is seen from the records that the revision petitioner has produced the Electricity Service Connection Card standing in his name and also some photographs. The learned District Munsif, by observing that photographs were only filed and not the CD, that the revision petitioner has not produced the originals nor filed any certificate under Section 65B of the Indian Evidence Act and that the revision petitioner has not averred anything about the currency of the Electricity Service Connection Card, has dismissed the applications.

¶4As rightly observed by the learned District Munsif, the above applications came to be filed only to drag on the matter.

¶5Considering the above facts and circumstances and also taking note of the stage of the case, the impugned orders dismissing the applications cannot be found fault with. Hence, this Court concludes that the revisions are devoid of merit and the same are liable to be dismissed.

¶6In the result, these Civil Revision Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.

05.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm K.MURALI SHANKAR

,J.

csm To

¶1The Principal District Munsif Court, Thoothukudi.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. C.R.P.(MD)Nos.2515, 2516 and 2517 of 2023 and C.M.P.(MD)Nos.13072, 13075 and 13077 of 2023 Dated : 05.10.2023