Madras High Court

CRP(MD)/2662/2026 of M.THANGAVEL Vs KUMARAVEL on 28 September 2026

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CRP(MD) No. 2662 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28-09-2026

CORAM

THE HON'BLE MS.JUSTICE R. POORNIMA

CRP(MD) No. 2662 of 2026

CNR:{HCMD011335672026}

And

C.M.P(MD)No.13414 of 2026

1. M.Thangavel

S/o.Muthusamy Vandayar,

No.333A,

Senathipathi Street,

Melakarambayam,

Pattukkottai Taluk,

Thanjavur District.

2. T.Rajesh

S/o.M.Thangavel,

No.333A,

Senathipathi Street,

Melakarambayam,

Pattukkottai Taluk,

Thanjavur District.

..Petitioner(s)

Vs

1. Kumaravel

S/o.S.Gopal Thondaman,

Chinnapudupattinam,

Keelavasthachavadi,

Thanjavur Taluk and District.

2. A.Prabakaran

S/o.Appadurai Thondaman,

Chinnapudupattinam,

Keelavasthachavadi,

Thanjavur Taluk and District.

3. A.Kuberan

__________

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CRP(MD) No. 2662 of 2026

S/o.Appadurai Thondaman,

Chinnapudupattinam,

Keelavasthachavadi,

Thanjavur Taluk and District.

..Respondent(s)

PRAYER: J-35. Civil Revision Petition filed under Section 115 of Civil Procedure Code, to call for the records, set aside the fair and decreetal order dated 04-08-2026 in I.A.No.3 of 2024 in O.S.No.289 of 2023 on the file of the learned Principal District Munsif, Thanjavur allow the civil revision petition and thus render justice.

For Petitioner(s):

D.R. Murugesan

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ORDER

This petition is filed against the order dated 04.08.2026 passed in I.A.No.3 of 2024 in O.S.No.289 of 2026 by the learned Principal District Munsif, Thanjavur.

2. The petitioners/defendants filed I.A. No. 3 of 2024 under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint. They contended that disputes had earlier arisen between the parties, pursuant to which proceedings under Section 145 of the Code of Criminal Procedure were initiated by the Revenue Divisional Officer, Thanjavur. In the said proceedings, the Revenue Divisional Officer upheld the possession of the petitioners/defendants and granted police protection. The said order was challenged and the same is stated to be __________

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CRP(MD) No. 2662 of 2026 pending before this Court. It was further contended that the plaintiffs had taken inconsistent pleas by claiming to be the owners of the suit property in the present suit for injunction, whereas, in the proceedings before the Revenue Divisional Officer, they had claimed to be cultivating tenants. On these grounds, the petitioners sought rejection of the plaint.

3. According

to

the

petitioners/defendants,

the respondents/plaintiffs and their predecessors were never in possession and enjoyment of the suit property. They further contended that the suit was barred by the principles of res judicata and estoppel and was otherwise not maintainable in law. On these grounds, they sought rejection of the plaint.

4. After hearing both sides, the trial court dismissed the said I.A. Against which, the present petition is filed.

5. The petitioners/defendants reiterated the contentions raised in their petition. Upon perusal of the records, the trial Court found that the respondents/plaintiffs had claimed title to the suit property on the basis of the compromise decree passed in O.S. No. 8 of 1945. The Court further observed that the application for rejection of the plaint had been filed __________

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CRP(MD) No. 2662 of 2026 only when the suit was ripe for trial.

6. The trial Court held that the contention of the petitioners that the compromise decree did not relate to the suit property could not be decided merely by examining the pleadings at the stage of considering an application under Order VII Rule 11 CPC. For that purpose, the Court was required to consider the averments made in the plaint alone and could not rely upon the averments in the written statement or other documents relied upon by the defendants. It further observed that the questions relating to the title and possession of the suit property could be decided only after a full-fledged trial. The trial Court also held that the order passed by the Revenue Divisional Officer on 21.06.2019 under Section 145 Cr.P.C. would not assist the petitioners in seeking rejection of the plaint, as the Revenue Divisional Officer was not competent to decide the title to the suit property. On considering the averments made in the plaint, the trial Court found that the plaintiffs had disclosed a definite cause of action and that the suit could not be held to be barred by law. It concluded that the questions raised by the petitioners required adjudication on the basis of evidence at trial and, accordingly, dismissed the application filed under Order VII Rule 11 CPC.

7. This Court is of the view that the order passed by the trial Court __________

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CRP(MD) No. 2662 of 2026 is well-reasoned and does not warrant any interference. Accordingly, the Civil Revision Petition is dismissed. However, the petitioners/defendants requested that the trial Court be directed to expedite the trial and dispose of the suit at the earliest.

8. At the request of the petitioners, the trial Court is directed to dispose of the suit as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NS __________

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CRP(MD) No. 2662 of 2026 R.POORNIMA, J. ns CRP(MD) No. 2662 of 2026 28-09-2026 __________

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CRP(MD) No. 2662 of 2026 __________

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