Madras High Court
CRP/5197/2026 of S. Sheik Jaffar (Died)1. Bathul Bee Vs K.S. Akila Begum on 5 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5197 of 2026
and CMP No. 22625 of 2026
CNR: {HCMA011907992026}
S. Sheik Jaffar (Died)
1. Bathul Bee
Widow of Late Sheik Jaffar,
Res. at D.No.4/216,
Bazaar Street,
Shulagiri Village and Post,
Hosur Taluk.
2. Shaik Mohamad
S/o. Shiek Jaffar,
Res. at D.No.4/216,
Bazaar Street,
Shulagiri Village and Post,
Hosur Taluk.
3. Aysha Bee
D/o. Sheik Jaffar,
Res. at D.No.4/216,
Bazaar Street,
Shulagiri Village and Post,
Hosur Taluk.
4. Shaik Nawaz
S/o. Sheik Jaffar,
Res. at D.No.4/216,
Bazaar Street,
Shulagiri Village and Post,
Hosur Taluk.
..Petitioner(s)
Vs
1. K.S. Akila Begum
W/o. S. Mahaboob Jan,
D/o. Late M.K.M Shafiullah,
Res. at 4/192, Bazaar Street,
Shoolagiri Town and Post,
Shoolagiri Tk.-635117,
Krishnagiri Dist.
2. S. Mahaboob Jan
S/o. Late Sheikh Hyder,
Rep by Legal heirs Defendants 1 and 3 to 8
Res. at 4/192, Bazaar Street,
Shoolagiri Town and Post,
Shoolagiri Tk.-635117,
Krishnagiri Dist.
3. Asif Iqbal
S/o. Late S. Mahaboob Jan,
Res. at No.3/75/10/Q14,
Bazaar Street,
Shoolairi Town and Post,
Shoolairi Taluk 117,
Krishnagiri District.
4. Mohammed Bakhid Iliyaz
S/o. Late S. Mahaboob Jan,
Res. at No.3/75/10/Q14,
Bazaar Street,
Shoolairi Town and Post,
Shoolairi Taluk 117,
Krishnagiri District.
5. Arshiya Parveen
D/o. Late S. Mahaboob Jan,
Res. at No.3/75/10/Q14,
Bazaar Street,
Shoolairi Town and Post,
Shoolairi Taluk 117,
Krishnagiri District.
6. Mohammed Tousif Shakeel
S/o. Late S. Mahaboob Jan,
Res. at No.3/75/10/Q14,
Bazaar Street,
Shoolairi Town and Post,
Shoolairi Taluk 117,
Krishnagiri District.
7. Tasmiya Foureen
D/o. Late S. Mahaboob Jan,
Res. at No.3/75/10/Q14,
Bazaar Street,
Shoolairi Town and Post,
Shoolairi Taluk 117,
Krishnagiri District.
8. Mohammed Jaffer Nayaz,
S/o. S. Mahaboob Jan,
Res. at 4/192, Bazaar Street,
Shoolagiri Town and Post,
Shoolagiri Tk.-635117,
Krishnagiri Dist.
9. Rani @ Shammeem Banu
W/o. Siddiq,
Res. at No.32, Masalkara Street,
New Pet, Krishnagiri Town and Post,
Krishnagiri Tk., and Dist.
10.Cholamandalam Investment and Finance
Company Limited
(H.E) a Company registered under the
Companies Act, 1956,
having its regitered office at DareHouse, No.2, NSC Bose Road, Parry Corner, Chennai-001.
and one of its branch at,
No.74/22, F-11, 3rd Floor, H.V.Arcade,
Big Bazarr Building, above Gokulam Chits,
Bagalur Road,
Hosur 63510,
Krishnagir Dist.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order in IA No.11 of 2026 in OS No.84
of 2011 dated 04.08.2026, on the file of the Additional District Court, Hosur and thereby render justice.
For Petitioner(s):
Mr.Navaneeth R. for
Srimathi V.
For Respondent(s):
Mr.N.E.A.Dinesh for
Mr.V.Nicholas
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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 04.08.2026 in IA No.11 of 2026 in OS No.84 of 2011 on the file of the Additional District Court, Hosur, wherein the application filed by the petitioners/plaintiffs for payment of deficit Court fees of Rs.95,711.50/-, came to be rejected by the Court below.
2. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of respondents 1 to 5 and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.
3. The petitioners are the plaintiffs who filed the suit in O.S.No.84 of 2011, seeking for the relief of declaration and mandatory injunction. The suit was at the stage of final hearing and at that stage, the application was filed by the petitioners in IA No.11 of 2026, seeking leave to pay the deficit Court fee. This application came to be dismissed by the Court below on the ground that the petitioners failed to furnish any satisfactory explanation for not having paid the proper Court fees, despite the respondents having specifically raised the objection in their written statement and having not taken steps even during the course of trial. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
4. In the considered view of this Court, the discretionary jurisdiction under Section 149 of C.P.C., can be exercised at any stage of the proceedings. Ultimately, the payment of Court fees is a matter between the Court and plaintiffs. The plaintiffs have deemed it fit to pay the deficit Court fees and that is not going to really prejudice the right of the defendants in any manner.
5. The learned counsel for the respondents/defendants submitted that even the Court fees that is now sought to be paid by the petitioners is not based on the market value and therefore, by merely paying the Court fees based on the guideline value, the petitioners cannot get away from the fact that the Court fee was not properly paid by properly valuing the suit. The above ground that has been raised by the learned counsel for the respondents/defendants is a matter to be argued before the Court below and which will be considered by the Court below on merits. Therefore, the present order does not foreclose the respondents/defendants to raise this issue before the Court below and which will be considered on its own merits and in accordance with law while disposing of the suit.
6. For the present, in the considered view of this Court, allowing the petitioners/plaintiffs to pay the deficit Court fees does not cause any grave prejudice to the defendants and hence, the Court below ought to have exercised its discretion under Section 149 of C.P.C. Accordingly, the order passed by the Court below dated 04.08.2026 in IA No.11 of 2026 in OS No.84 of 2011 on the file of the Additional District Court, Hosur, is hereby set aside. The petitioners/plaintiffs are directed to pay the deficit Court fee of Rs.95,711.50/- as calculated by them, within a period of one week from the date of receipt of copy of this order. The Court below shall hear the final arguments of both sides and the suit in O.S.No.84 of 2011 shall be disposed of within a period of eight weeks from the date of receipt of copy of this order.
7. In the result, this Civil Revision Petition stands allowed in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
N.ANAND VENKATESH, J. SSR To The Additional District Court, Hosur. CRP No. 5197 of 2026 05-10-2026