Madras High Court
CRP(MD)/2553/2026 of Duraisamy Vs Kuruvammal (died) 1. Isaki on 21 September 2026
CRP(MD) No. 2553 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21-09-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2553 of 2026
CNR:{HCMD011087732026}
1. Duraisamy
2. Nallaiya
3. Latha Mangayakaraci
4. Lavanya
5. Jayanthi
6. Senthamarai Kannan
..Petitioner(s)
Vs
Kuruvammal (died)
1. Isaki
2. Murugaiya Pandian
3. Thangamari
4. Muthupandi
5. Sivasubramanian
Ayyanu Vathiyar (Died)
Ponnuthai, (Died)
Ariya Thevar (Died)
Duraipandi Thevar (Died)
Muthaiah Thevar (Died)
6. Periyasamy
__________
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CRP(MD) No. 2553 of 2026
7. Velladurai
8. Muthulakshmi
9. Velladurai
10.Shanmugaiah
11.VelladuraiKonar
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of The Constitution of India, to number the unnumbered I.A.No……. of 2026 in I.A.No. 1 of 2024
in O.S. No.368 of 1991 on the file of the Additional District Munsif court, Tenkasi, petition filed by this petitioner on 04-07-2026, and decide the matter on merits.
For Petitioner(s):
Mr. F.X.Eugene
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ORDER
This petition has been filed to number the unnumbered I.A.No……. of 2026 in I.A.No.1 of 2024 in O.S.No.368 of 1991 on the file of the Additional District Munsif Court, Tenkasi, which was returned by the Sub Court, Sankarankovil, on 04.07.2026, and to decide the same on merits.
2. The learned counsel for the petitioners submitted that the trial Court has returned the petition, filed by the petitioner without giving any reason. __________
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CRP(MD) No. 2553 of 2026 Apart from the above, there is no recital in the Final Decree Petition in I.A.No.1 of 2024 with regard to the specific condition stipulated by this Court in S.A.Nos.760 and 761 of 1999, dated 14.11.2022, namely, that the plaintiffs are entitled to 1/3rd share in Item Nos.2 to 6, subject to the rights of the plaintiffs in O.S.No.272 of 1991 to retain, to the extent possible, the properties purchased by them during the final decree proceedings. Hence, he prayed to allow this civil revision petition.
3. Heard the learned counsel for the petitioners and perused the materials available on record.
4. The petitioners filed an unnumbered application I.A.No…… of 2026 in I.A.No.1 of 2024 in O.S.No.368 of 1991 on the file of the Additional District Munsif Court, Tenkasi, under Order VII Rule 11 of the Code of Civil Procedure, seeking to reject I.A.No.1 of 2024, which was filed for passing a final decree. By order dated 04.07.2026, Principal District Munsif Court, Sankarankovil, returned the petition, questioning how the petition was maintainable when a preliminary decree had already been passed and I.A.No.1 of 2024 for passing a final decree is pending.
5. When the final decree proceedings are pending, the petitioners, without complying with the reasons for the return of the petition, have straightaway __________
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CRP(MD) No. 2553 of 2026 filed the present civil revision petition seeking a direction to number the unnumbered I.A.No…….. of 2026.
6. On considering the matter on merits, such a prayer is not proper. When the Trial Court has returned the unnumbered petition, it is the duty of the learned counsel to re-present the same, after complying with the defects pointed out by the Trial Court. If the Trial Court does not accept the explanation or passes any order after such re-presentation, the petitioners can approach this Court. But, without complying with the reasons for the return, the petitioners have no right to straightaway file the present Civil Revision Petition. Hence, the present petition itself is not maintainable.
7. Accordingly, the Civil Revision Petition stands dismissed. No costs. 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSS To
1. The Additional District Munsif Court, Tenkasi.
2. The Sub Court, Sankarankovil.
3. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai. __________
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CRP(MD) No. 2553 of 2026
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CRP(MD) No. 2553 of 2026 R.POORNIMA, J. dss CRP(MD) No. 2553 of 2026 21-09-2026 __________
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