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Judgment
The prayers in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India are as follows :
Call for the records leading to Exhibit-P1 order and set aside the same.
Heard Sri.N.Subramaniam, learned counsel appearing for the petitioners. In compliance with this Court''s order dated 1.2.2018, the petitioners
have served notice on the respondents through the respective Advocates appearing for them before the court below concerned, but there is no
appearance for that party.
The order impugned in this O.P.(C) is the one at Exhibit-P1 whereby the application filed by respondents 1 to 5 herein/defendants 2 to 6 in the
O.S., to re-open evidence has been allowed after the closure of the evidence. It is pointed out that during trial earlier, the plaintiffs had tendered
oral evidence and had marked Exhibits-A1 to A6 documents and that the defendants had marked Exhibit-B1 document, but did not tender any
oral evidence. It is also pointed out that after the remand, the plaintiffs did not adduce any further oral or documentary evidence and the defendants
also submitted that they did not have any further oral or documentary evidence. Therefore, the evidence was closed and the suit was posted for
hearing. The defendants had produced a survey plan which had been made available earlier and they sought for re-opening the evidence by filing
I.A.No.1635 of 2017, it is averred. The plaintiffs had filed detailed objections to I.A.No.1635 of 2017. That the said objection have been
overruled and the plea in the said I.A. has been allowed as per the impugned Exhibit-P1 order. Exhibit-P1 order reads as follows :
In the interest of justice and for avoiding multiplicity of proceedings, the petition is allowed and evidence is re-opened.
Without getting into the merits of the controversy, it can be seen that the impugned order at Exhibit-1 is a non-speaking order. It does not
disclose any application of mind or consideration by the trial court and it does not give any reason for arriving at the conclusions stated therein. On
that reason alone, the impugned order is liable to be set aside and accordingly, the impugned Exhibit-P1 order will stand set aside.
Correspondingly, it is ordered that I.A.No.1635 of 2017 (on which Exhibit-P1 order was rendered) will stand restored to the trial court
concerned. The court below, after hearing both sides, will pass fresh orders thereon, without much delay, preferably within a period of two weeks
from the date of production of a certified copy of this judgment. The trial court will advert to and consider the rival contentions in that regard and
then render a speaking order, giving the reasons in support of the conclusions that may be arrived at by that court. The petitioner will produce a
certified copy of this judgment before the court below concerned for necessary information. With these observations and directions, the Original
Petition (Civil) will stand finally disposed of.