Madras High Court
CRP(MD)/1892/2026 of Gomathy Vs Ganesan @ Srinivasan (Died) on 15 October 2026
CRP(MD) No. 1892 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 1892 of 2026
CNR:{HCMD010651632026}
AND
CMP(MD) NO. 9082 OF 2026
Gomathy
..Petitioner(s)
Vs.
1. Ganesan @ Srinivasan (Died)
1. Vijaya Ganesan,
2. Rajeswari,
3. Raja Suganandham,
4. Rajan
..Respondent(s)
PRAYER: J-36. civil revision petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 23.03.2026 passed in E.A.No. 4 of 2022 in E.P.No. 109 of 2019 in O.S.No. 74 of 2013 on the file of the Learned Ist Additional Subordinate Court, (Incharge), Nagercoil, and thus render justice.
For Petitioner(s):
T.Wins
For Respondent(s):
Mr.V.George Raja – for R1 to R3
for Mr.R. Murugan
CRP(MD) No. 1892 of 2026
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Order
This civil revision petition is filed against the order dated 23.03.2026 passed in E.A.No. 4 of 2022 in E.P.No. 109 of 2019 in O.S.No. 74 of 2013 on the file of the I Additional Subordinate Court, (Incharge), Nagercoil.
2. When the matter is taken up for hearing, the learned counsel for the respondents 1 to 3 submits that he has no objection in allowing the civil revision petition, as he is not going to take any steps to arrest the petitioner and he has also made the following endorsement in the civil revision petition : “Respondent is not going to arrest the petitioner in pursuance of order passed in EA.No.4 of 2022. Therefore, no objection for allowing CRP(MD)No.1892 of 2026. Other proceedings in EP.No.109 of 2019 may go on in accordance with law.”
3. Now the learned counsel for the respondents submitted that due to the interim stay granted by this Court, they could not proceed with the delivery order in EP.No.109 of 2019 and hence, he has no objection to allow this petition.
CRP(MD) No. 1892 of 2026
4. In view of the endorsement made by the respondents 1 to 3 that they have no objection in allowing the petition, this civil revision petition is allowed. The order dated 23.03.2026 passed in E.A.No. 4 of 2022 in E.P.No. 109 of 2019 in O.S.No. 74 of 2013 on the file of the I Additional Subordinate Court, (Incharge), Nagercoil is set aside. The trial Court is directed to proceed with the above EP in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RM Copy to The I Additional Subordinate Court, (Incharge), Nagercoil.
CRP(MD) No. 1892 of 2026 R.POORNIMA J. RM CRP(MD) No. 1892 of 2026 AND CMP(MD) NO. 9082 OF 2026 15-10-2026