Madras High Court

CRP/6424/2026 of Veeramuthu Vs Annamalai on 8 October 2026

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CRP No. 6424 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. 6424 of 2026

CNR: {HCMA011677502026}

Veeramuthu

Rep by his Power agent Rani,

W/o. Veeramuthu,

Nochikulam Village,

Alathur Taluk,

Perambalur Dt.

..Petitioner(s)

Vs

Annamalai

S/o. Karumpairam,

Nochikulam Village,

Alathur Taluk,

Perambalur Dt.

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and decreetal order passed by the learned District Munsif at Perambalur in IA No.9 of 2025 in OS No.309 of 2013 dated 18.04.2026 and pass such further or other orders as this Court.

For Petitioner(s):

Mr.G.Ilamurugu

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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 dated 18.04.2026 made in IA No.9 of 2025 in OS No.309 of 2013 on the file of the learned District Munsif at Perambalur, wherein the application filed by the petitioner

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CRP No. 6424 of 2026 __________

under Order VIII Rule 1A(3) of C.P.C., to receive additional documents, came to be rejected by the Court below.

2. Heard the learned counsel for the petitioner and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

3. The respondent is the plaintiff who has filed the suit in O.S.No.309 of 2013, seeking for the relief of partition and for allotment of ½ share in the suit property. During the course of the trial, the petitioner, who is the 4th defendant, filed IA No.9 of 2025 for filing additional documents, which also includes a Muchalika which is said to have been entered into between the parties.

4. The respondent filed a counter and took a stand that the Muchalika is an unregistered document and it is an inadmissible document and therefore, the additional document cannot be permitted to be filed. The Court below partly allowed the application insofar as marking of the certificate copy of the Sale Deed is concerned. But however, rejected the application insofar as the unregistered Muchalika. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.

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5. On carefully considering the submission of the learned counsel for the petitioner and carefully going through the Sale Deed dated 26.04.2001, it is seen that the plaintiff has dealt with the property by placing specific reliance upon the Muchalika dated 24.03.1998 and sold the share. Hence, the availability of the Muchalika is an admitted fact on the side of the plaintiff as per the said Sale Deed. In such a scenario, such an admitted fact need not be proved on the side of the petitioner and therefore. there is no need to mark the Muchalika before the Court. In other words, if the plaintiff has traced his right based on the Muchalika dated 24.03.1998, he cannot deny the right that flows from the very same document to the other party. Therefore, it is unnecessary to mark the Muchalika dated 24.03.1998.

6. The order passed by the Court below is sustained on the above ground and it is made clear that marking of Muchalika dated 24.03.1998 has become irrelevant in this case in view of the reference of the said document in the Sale Deed dated 26.04.2001, which was executed by the plaintiff and others.

7. In the light of the above discussion, the order dated 18.04.2026 made in IA No.9 of 2025 in OS No.309 of 2013 on the file of the learned District Munsif at Perambalur, is sustained.

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CRP No. 6424 of 2026 __________

8. In the result, this Civil Revision Petition is disposed of in the above terms. No Costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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CRP No. 6424 of 2026 __________

To The District Munsif at Perambalur.

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CRP No. 6424 of 2026 __________

N.ANAND VENKATESH, J. SSR CRP No. 6424 of 2026 08-10-2026

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