Madras High Court
CRP/6354/2026 of Ramesh Vs Periyasamy on 14 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6354 of 2026
CNR:{HCMA012269692026}
AND
CMP NO. 27383 OF 2026
1. Ramesh
S/o.Govindhraj
2. Rajesh
S/o.Govindhraj
..Petitioner(s)
Vs
1. Periyasamy
S/o.Periyasamy Gounder
2. Srinivasan
S/o.Shanmugam
3. Palani
S/o.Duraisamy
4. Kanagaraj
s/o.Perumal
5. Premkumar
S/o.Karnaseelan
6. Manorchanth
S/o.Soganraj
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order dated 04.08.2026 in
I.A.No.08 of 2026 in O.S.No.154 of 2025 on the file of the Additional District
Munsif, Tirupathur.
For Petitioner(s):
Mr.Navaneeth R
for Mrs.V.Srimathi
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Order
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order passed in I.A.No.08 of 2026 in O.S.No.154 of 2025 wherein the application filed by the petitioner / defendant 1 and 2 under Section 10 of CPC, seeking to stay the proceedings till the disposal of the Second Appeal filed by the petitioner’s father in SA No.1160 of 2013 in respect of the same suit properties, came to be dismissed.
2. Heard the learned counsel for the petitioners and carefully perused the materials available on record as well as the order passed by the Court below.
3. The respondents are the plaintiffs, who filed the suit in OS No.154 of 2025 seeking for the relief of permanent injunction.
4. The petitioners, who are defendants 1 and 2 filed IA No.8 of 2026 under Section 10 of CPC, seeking to stay the proceedings in the main suit on the ground that the substantial issue with respect to the very same suit property is pending before this Court in SA No.1160 of 2013 filed by the petitioner’s father and suppressing the same, the present suit has been filed and therefore, sought for the stay of the proceedings in the suit till the second appeal is disposed of.
5. The Court below has dismissed the application on the ground that in order to substantiate that the matter in issue in both the proceedings is directly and substantially the same, the petitioners had not produced any materials before the Court below and accordingly the Court below found that the ingredients of Section 10 of CPC has not been satisfied. Consequently, the application came to be dismissed.
6. When the matter was taken up for hearing before this Court, the learned counsel for the petitioners placed the entire materials before this Court in SA No.1160 of 2013. On going through the same, it is seen that the title to the suit property which was disputed in the earlier litigation is now pending adjudication before this Court in SA No.1160 of 2013. On going through the same, it is seen that the title to the suit property which was disputed in the earlier allegation is now pending adjudication before this Court in SA No.1160 of 2013. However, the Court below did not have an opportunity to apply its mind on those materials and therefore, this Court does not want to substitute its mind to that of the Trial Court.
7. In view of the above, the petitioners are granted liberty to file a
N.ANAND VENKATESH J. RKA fresh application along with all the relevant materials before the Court below and the Court below shall independently apply its mind and take a decision. The application shall be filed before the Court below within a period of two weeks from the date of receipt of a copy of this order and the Court below shall dispose of the application within a period of four weeks thereafter.
8. This Civil Revision Petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed.
14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Additional District Munsif, Tirupathur.
AND CMP NO. 27383 OF 2026