Madras High Court
CRP/1123/2024 of GOPAL Vs Nalla Pillai on 5 October 2026
CRP No. 1123 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1123 of 2024
CMP No.5842 of 2024
CNR:{HCMA012305952023}
1. Gopal
2. Chandrasekaran
3. Mr. Dhinakaran
4. Sathyanarayanan
5. Umamaheswari
6. Varun Prasad
7. Sneha
Petitioner(s)
Vs
Nalla Pillai
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order dated 05.10.2023 in IA No.136 of 2023 in OS
No.49 of 2021 on the file of Principal District Munsif, Tittagudi.
For Petitioner(s):
Ms.K.Yugantara
for Fox Mandal And Associates
For Respondent(s):
Mrs.R.Meenal
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CRP No. 1123 of 2024
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and dereetal order made in IA No.136 of 2023 in OS No.49 of 2021, dated 05.10.2023, on the file of the Principal District Munsif Court, Tittagudi, wherein the application filed by the petitioners/defendants under Order XIV Rule 2(2) of CPC, to try the issue of limitation as a preliminary issue, came to be rejected by the Court below.
2. Heard the learned counsel for the petitioners and the learned counsel for the respondent.
3. This Court carefully perused the materials available on record and this Court also went through the order passed by the Court below.
4. The respondent/plaintiff has filed the suit in OS.No.49 of 2021, seeking for the relief of specific performance. The cause of action for filing the suit is that there was an earlier agreement in the year 1980 and pursuant to the same, the plaintiff was put in possession of property and during the year 2020, the defendants had agreed to execute the sale deed in favour of the plaintiff and since this undertaking was not acted upon, the suit was filed in the year 2021.
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CRP No. 1123 of 2024
5. The petitioners/defendants filed a detailed written statement and raised a preliminary issue on the very maintainability of the suit on the ground and the suit is hopelessly barred by limitation.
6. The petitioners/defendants filed IA.No.136 of 2023, to deal with the issue of limitation as a preliminary issue under Order XIV Rule 2(2) of CPC.
7. The Court below has dismissed this application on the ground that the trial has already commenced and the case was at the stage of cross examination of PW1 and further the issue of limitation is a mixed question of fact and law and it cannot be decided as a preliminary issue.
8. In the case in hand, the trial has already commenced and PW.1 is in the witness box. Therefore instead of wasting time on the interlocutory application, the Court below can be directed to dispose of the main suit itself within a time frame. While doing so, the Court below shall specifically deal with the issue of limitation that has been raised on the petitioners.
9. In the light of the above discussion, this Civil Revision Petition is disposed of with a direction to the Principal District Munsif Court, Tittagudi, to dispose of the suit in OS.No.49 of 2021, within a period of three months from the date of receipt of a copy of the order. The issue of limitation that has been
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CRP No. 1123 of 2024 raised by the petitioners shall also be specially gone into by the Court below .
10. In the result, this Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 05-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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CRP No. 1123 of 2024 To Principal District Munsif, Tittagudi.
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CRP No. 1123 of 2024 N.ANAND VENKATESH J. kp CRP No. 1123 of 2024
05-10-2026
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