Madras High Court
CRP/1046/2026 of K. Uma Devi Vs K.Chailandhiri on 12 October 2026
CRP.No.1046 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.1046 of 2026
CNR:{HCMA010092852026}
and CMP.No.5591 of 2026
K. Umadevi
..Petitioner(s)
Vs
K.Chailandhiri
..Respondent(s)
PRAYER: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the docket order in I.A.C.F.R.No.6839 of 2025
dated 03.11.2025 in O.S.No.90 of 2017 on the file of the Subordinate Judge of Pollachi, Coimbatore District, consequently direct the Subordinate Judge of Pollachi to proceed further in the above suit as per law.
For Petitioner
: Mr.J.Edison Gnanaraj
for M/s.C.Deivasigamani
For Respondent
: Mr.C.Veeraraghavan
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ORDER
The Civil Revision Petition is filed challenging the order passed by the Subordinate Court, Pollachi, Coimbatore District, dismissing the application filed by the petitioner in I.A.C.F.R.No.6839 of 2025 in O.S.No.90 of 2017, dated 03.11.2025.
CRP.No.1046 of 2026
2. The respondent herein filed a suit for Specific Performance against the petitioner in O.S.No.90 of 2017 on the file of the Subordinate Court, Pollachi. The said suit was resisted by the petitioner by filing a written statement. The trial in the suit was already commenced and the evidence of plaintiff’s side was over. When the matter was posted for examination of DW.1, the petitioner failed to produce the witness, therefore, the evidence was closed. The petitioner filed an application seeking to reopen the case and examine DW.1 and the same was allowed on condition that the petitioner should produce the witness on 13.03.2023. Since the petitioner failed to produce the witness on that day, the petition was dismissed. Aggrieved by the same, the petitioner has filed a revision before this Court in C.R.P.No.4352 of 2023 and the same was allowed by permitting the petitioner to produce the witness before the Trial Court within a period of four weeks. The order in the said civil revision petition was passed on 08.12.2023. However, even before that the suit was disposed of on 06.11.2023. Nevertheless, the petitioner filed the instant application on the strength of the order passed in C.R.P.No.4352 of 2023 to set aside the findings recorded by the Trial Court.
3. It is seen from the typed-set of papers that the disposal of the suit prior to the disposal of the C.R.P.No.4352 of 2023 was not brought to the notice of this Court. Therefore, this Court passed an order permitting the petitioner to produce the witness before the Trial Court within a period of four weeks.
CRP.No.1046 of 2026
However, even before the order passed in the civil revision petition, the main suit itself was disposed of. In such circumstances, the petitioner cannot be permitted to produce the witness.
4. Therefore, the Trial Court rightly dismissed the application filed by the petitioner after hearing the parties in open Court. Once the suit is disposed of by passing of a judgment and decree, the petitioner has to challenge the decree in accordance with law by any one of the modes under the Code of Civil Procedure. The petitioner is not entitled to produce witness and try to nullify the decree passed by the Trial Court without challenging it in the manner known to law. Hence, I do not find anything to interfere with the impugned order passed by the Trial Court.
5. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm To The Subordinate Court, Pollachi, Coimbatore District.
CRP.No.1046 of 2026
S.SOUNTHAR J. dm CRP.No.1046 of 2026 and CMP.No. 5591 of 2026 12-10-2026