Madras High Court

CRP/6494/2026 of Haji (Died) 1.Syed Hassain Vs Manjunath on 12 October 2026

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CRP No. 6494 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 6494 of 2026

CMP No. 27944 of 2026

CNR: {HCMA011564842026}

Haji (Died)

1.Syed Hassain

2. Shajitha

3. Mallika Bi

4.Syed Mafeez

5.Famitha

6.Habida Bi

7.Farida

8.Shahida Bi

9.Irshad Bash

(Cause title accepted vide

court order dated 19.08.2026

made in C.M.P.No.22646 of 2026

in C.R.P.Sr.No.114118 of 2026 (PBBJ))

...Petitioners

Vs

1. Manjunath

2. Yuvaraj

3. Madhangiri

..Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to strike off the suit in O.S.No.45 of 2014 on the file of District Munsif cum Judicial Magistrate Court, Denkanikottai as abuse of process of law, fraudulent, non-est in the eyes of law and declare the preliminary decree dated 13.08.2014 passed in O.S.No.45 of 2014 as null and void.

CRP No. 6494 of 2026

For Petitioners:

Mr.C. Sai Krishna

for Mr.S.Eshwar

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ORDER

The Civil Revision Petition is filed challenging the preliminary decree for partition passed by the learned District Munsif Cum Judicial Magistrate, Denkanikottai, in O.S.No.45 of 2014.

2. It is the case of the petitioners that, though they are not party to the decree challenged in revision, the subject matter of the suit dealt with in O.S.No.45 of 2014 are properties of the petitioners, and hence they are aggrieved by the said decree. If the petitioners are aggrieved by the decree, it is always open to them to file an application seeking leave before the regular first Appellate Court and file a first appeal after getting necessary leave. In view of the availability of an effective remedy before the regular Civil Court, that is, First Appellate Court, this Court is not inclined to entertain this Civil Revision Petition in the light of the ratio laid down by the Hon’ble Apex Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs. Tuticorin Educational Society and orders reported in (2019) 9 SCC 538.

CRP No. 6494 of 2026

3. Hence, the Civil Revision Petition is dismissed with liberty to the petitioners to work out their remedy before the first Appellate Court. Consequently, the connected miscellaneous petition is closed. No costs. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rya / ep To:- The District Munsif Cum Judicial Magistrate Court, Denkanikottai.

CRP No. 6494 of 2026

S.SOUNTHAR, J. rya / ep CRP No. 6494 of 2026 C.M.P.No.27944 of 2026 12-10-2026

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