Madras High Court

CRP(MD)/2482/2026 of Ayya Vaikundaswamy Thirunizh Vs Lekshumanan on 9 September 2026

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CRP(MD). No.2482 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 09/09/2026

CORAM

THE HONOURABLE MS. JUSTICE R. POORNIMA

CRP(MD). No.2482 of 2026

and

CMP(MD)No. 12327 of 2026

Ayya Vaikundaswamy Thirunizhal Thangal,

Sriregunathapuram through its,

Trust Chariman Sekar,

S/o. Chellathurai,

Located on Cheranmahadevi Main Ward,

Sriregunathapuram, Parivirisuriyan Village, Panakudi Town Panchayat 1st Ward, Sriregunathapuram, Tirunelveli District.

... Petitioner/Plaintiff

Vs

1. Lekshumanan

2.Sivan Raja

3.Vinukumar

... Respondents /Defendant

PRAYER :-

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 09.06.2026 made in

I.A.No.3 of 2026 in O.S.No.276 of 2025, on the file of the Subordinate Court, Valliyoor, by allowing this Civil Revision Petition.

CRP(MD). No.2482 of 2026

For Petitioners : Mr.Arjun Varman, Advocate for M/s.Aran Legal Consultancy

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ORDER

This petition has been filed to set aside the fair and decreetal order passed by the Subordinate Court, Valliyoor, in I.A.No.3 of 2026 in O.S.No.276 of 2025, dated 09.06.2026.

2. The petitioner/plaintiff has filed a suit in O.S.No.276 of 2025 before the Subordinate Court, Valliyoor, for declaration against the respondents/defendants herein. When the suit was taken up for hearing on 06.01.2026, an Advocate appeared on behalf of the first respondent/first defendant. According to the petitioner/plaintiff, there was no possibility for the first respondent/first defendant to affix his signature on the vakalat, as he had been working abroad for the past three years and was not in India. Therefore, the petitioner filed an Interlocutory Application in I.A.No.3 of 2026, seeking a direction to the first respondent/first defendant to appear before the Court and to verify whether he was present in India on 06.01.2026 and had filed the vakalat. If so, the petitioner sought a further direction to the first respondent/first defendant to produce his passport/travel particulars before the Court.

CRP(MD). No.2482 of 2026

3. By the order dated 09.06.2026, the Subordinate Court, Valliyoor, dismissed the application on the ground that there was no reason to direct the first respondent/first defendant to appear before the Court and produce his passport for the purpose of verifying his signature on the vakalat.

4. Challenging the said order dated 09.06.2026 passed by the Subordinate Court, Valliyoor, the present petition has been filed.

5. Though the matter was listed for admission, this Court is of the considered view that the first respondent/first defendant can be directed to produce a copy of his passport before the Court to verify as to whether he was present in India on 06.01.2026 or not.

6. Accordingly, the Subordinate Court, Valliyoor, shall direct the counsel, who is appearing for the first respondent/first defendant before the Trial Court to produce the passport of the first respondent/first defendant to verify as to whether the first respondent/first defendant was present in India on 06.01.2026 or not.

CRP(MD). No.2482 of 2026

7. In view thereof, the fair and decreetal order passed by the Subordinate Court, Valliyoor, in I.A.No.3 of 2026 in O.S.No.276 of 2025, dated 09.06.2026, is hereby set aside, and the Civil Revision Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed.

09.09.2026 DSS To

1. The Subordinate Court, Valliyoor.

2. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court.

CRP(MD). No.2482 of 2026 R. POORNIMA,J DSS

ORDER

IN CRP(MD). No.2482 of 2026 and CMP(MD)No. 12327 of 2026 Date : 09/09/2026

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