Madras High Court
CRP/1202/2024 of K.P.Palanisamy Vs K.P.Kandasamy (Died) 1. Mallika on 14 October 2026
CRP No. 1202 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1202 of 2024
and
CMP No.6217 of 2024
CNR:{HCMA010372482024}
K.P.Palanisamy
Petitioner(s)
Vs
K.P.Kandasamy (Died)
1. Mallika
2.Gowtham
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the Judgment and decree in I.A.No. 3 of 2023 in O.S.No. 82 of 2015, 07.12.2023 on the file of the District Munsif Cum Judicial Magistrate at Kodumudi.
For Petitioner (s):
Mr.K.Karthikeyan
For Respondent(s):
Mr.R.Prabakar
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CRP No. 1202 of 2024
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, challenging the fair and decreetal order passed in I.A.No. 3 of 2023 in O.S.No. 82 of 2015, 07.12.2023, on the file of the District Munsif Cum Judicial Magistrate, Kodumudi, wherein the application filed by the petitioner/plaintiff to send the family arrangement deed dated 29.05.1980, to the District Collector for fixation of penalty, came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioner and the learned counsel for respondents.
3. This Court carefully considered the submissions made on either side and the materials available on record and this Court also went through the order passed by the Court below.
4. The petitioner is the plaintiff who filed the suit in OS.No.82 of 2015, seeking for the relief of declaration and permanent injunction. The petitioner filed IA.No.3 of 2023, to send the family arrangement deed dated 29.05.1980 to the District Collector to fix the penalty for non registration of the document.
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CRP No. 1202 of 2024
5. The Court below dismissed the application mainly on the ground that the family arrangement that was sought to be relied upon is a document which was unstamped and unregistered and therefore it cannot be admitted into evidence for any purpose in view of the bar under Section 35 of the Indian Stamp Act. Aggrieved by the said order, the present CRP has been filed before this Court.
6. The order passed by the Court below does not suffer from any perversity warranting the interference of this Court. In the case in hand, the family arrangement deed dated 29.05.1980 was a document which was unstamped and unregistered. Therefore, there is no question of even letting in that document in evidence in view of the bar under Section 35 of the Indian Stamp Act. That document cannot even be looked into for collateral purposes. Therefore, the order passed by the Court below does not suffer from any perversity warranting the interference of this Court in exercise of its jurisdiction under Article 227 of the Constitution of India.
7. In the result, the order passed by the Court below is confirmed and this Civil Revision Petition is dismissed. There shall be a direction to the learned District Munsif Cum Judicial Magistrate, Kodumudi, to dispose of the suit in OS.No.82 of 2025, within a period of six months from the date of receipt of a
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CRP No. 1202 of 2024 copy of the order. No costs. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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CRP No. 1202 of 2024 To District Munsif Cum Judicial Magistrate, Kodumudi
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CRP No. 1202 of 2024 N.ANAND VENKATESH J. kp CRP No. 1202 of 2024
14-10-2026
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