Madras High Court
CRP/5386/2026 of A.M.Shanmugam Vs M.Kavitha on 8 October 2026
CRP No. 5386 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5386 of 2026
CNR:{HCMA011563532026}
AND
CMP NO. 23333 OF 2026
1. A.M.Shanmugam
S/o.Molaippa Gounder
2. S.Nandhagopal
S/o.A.M.Shanmugam
..Petitioner(s)
Vs
1. M.Kavitha
W/o.Murugesan
2. The Sub Registrar
Sub-Registrar Office,
Kodumudi.
3. The Sub Registrar
Sub Registrar Office,
Sivagiri.
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the docket order dated 06-02-2026 made in IA.No.4 of 2025 in OS.No.197 of 2025 on the file of the I Additional District Court, Erode.
For Petitioner(s):
Mr.T.Balaji
For Respondent(s):
M/s.V.S.Kesavan
B.Singaravelu for R1
Mrs.S.Yogalakshmi
Additional Government Pleader for
CRP No. 5386 of 2026
R2 and R3
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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 IA No.4 of 2025 in OS No.197 of 2025 on the file of the I Additional District Court, Erode wherein the application filed by the 1st respondent /plaintiff seeking to restrain the Sub Registrar from entertaining any document pertaining to the suit property came to be allowed by the Court below.
2. Heard the learned counsel appearing on either side and also carefully perused the materials available on record as well as the order passed by the Court below.
3. The 1st respondent /plaintiff has filed the suit in OS No.197 of 2025 seeking for the relief of partition and for allotment of his share and for other consequential reliefs. The plaintiff filed IA No.3 of 2025 seeking for an order of interim inunction restraining the petitioners /defendants from alienating or encumbering the suit property, pending disposal of the suit The plaintiff also filed IA No.4 of 2025 to restrain the Sub Registrar from entertaining any documents pertaining to the suit property. IA.No.3 of 2025 is pending and in the meantime, the Court below passed an order in IA No.4 of 2025 allowing the
CRP No. 5386 of 2026
application on 06.02.2026 on the ground that no counter was filed on the side of the Sub Registrar. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
4. In the considered view of this Court, the procedure that was adopted by the Court below is found to be illegal . The Court below ought to have dealt with IA No.3 of 2025 and IA No.4 of 2025 together since in both these applications, the plaintiff wants to restrain the defendants from alienating or encumbering the suit property and the Sub Registrar from in any manner entertaining any document for registration. However, the Court below has kept IA No.3 of 2025 pending and has allowed IA No.4 of 2025 filed on the ground that no counter has been filed by the Sub Registrar. The said order will virtually prevent the defendants from dealing with the property inspite of the fact that IA No.3 of 2025 is pending.
5. In view of the above, the order passed by the Court below in IA No.4 of 2025 on 06.02.2026 is set-aside. There shall be a direction to the learned 1 Additional District Court, Erode, to deal with IA Nos.3 and 4 of 2025 on merits after affording an opportunity of hearing to both sides and pass final order in the Interlocutory applications, within a period of six weeks from the date of the hearing.
CRP No. 5386 of 2026
N.ANAND VENKATESH J. RKA
6. In the result, this Civil Revision is allowed. Consequently, the connected miscellaneous petition is closed. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To I Additional District Court, Erode. CRP No. 5386 of 2026 AND CMP NO. 23333 OF 2026