In the court of the Principal District Munsif,Kallakurichi

I.A /2022 in O.S. 861/2008

Vasudhev Naidu ……. Petitioner/8th Defendant

-v/s-

Selvakumar ……. Respondent/Plaintiff

Memo Of Objections Filed By the Respondent/Plaintiff’s Side Counsel

1) The allegations in the petition filed by the Petitioner/8th defendant

are false, untenable and it is devoid of any merits.

2) It is true that the plaintiff/respondent has filed a partition suit

against him and the other defendants and he filed a written statement
and contesting the suit. But the allegations that the suit was posted for
defendant side evidence on 30-11-2022 and that as he was employed in
Mumbai, he could not appear before this Hon’ble court and adduce his
evidence and that hence the defendant side evidence was closed and the
matter was posted for arguments are completely false and the
petitioner/8th defendant is put to strict proof of the same.

3) The Respondent/Plaintiff states that he has filed this suit in the

year 2008 for partition and seprate possession of his share in the suit
properties. Later, the case was posted in the special list for trial on
01-11-2019 and thereafter on 11-11-2019 and this respondent/plaintiff
had filed his proof affidavit as PW-1 and he was cross examined on
11-11-2019 by the petitioner/8th defendant side counsel and then the
plaintiff/respondent examined one MUTHULINGAM as PW-2 and the
cross examination was also completed on 11-03-2020. Thereafter, the
Plaintiff side evidence was closed and posted for defendant side
evidence in which the petitioner/8 th defendant has not adduced any
evidence till 10-12-2020. Therefore, this Hon’ble court suo moto closed
the defendant side evidence and posted the suit for Arguments on
14-12-2020. In such situation, the plaintiff filed a reopen and recall
petition to letin his side additional evidence as he had to mark some
documents. This Hon’ble court allowed those petitions and posted the
suit for the PW-1 re-examination on 22-03-2021 and he was examined
and Ex.A4 to Ex.A6 were marked. In such occasions, the steps were
taken for the deceased 1st defendant and his wife 9th defendant was
added as a new party to the suit. Even thereafter, the petitioner/ and
other defendants were allowed to file additional written statement and
to letin evidences till 31-11-2022. Inspite of several chances, the
petitioner/8th defendant never turned up to give evidence.

4) Eventually, The case was again posted for Arguments in which the
plaintiff side arguments was also heard by this Hon’ble court on
12-12-2022 and posted for defendant side arguments. But now the
petitioner/8th defendant has filed this petition to reopen defendant side
to letin evidence which shows clearly the evil intention of the
petitioner/8th defendant to drag on the case proceedings which is
untenable and meritless.

5) The respondent/plaintiff humbly prays this Hon’ble court to

dismiss this petition with cost and thus render justice.

KALLAKURICHI ADVOCATE
02-01-2023