Madras High Court
CRP/5680/2026 of K.M.Chinnadurai Vs Malarkodi on 8 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 5680, 5681 & 5683 of 2026
AND
CMP No. 24519 of 2026
1. K.M.Chinnadurai
2. Karthikajothi
3. S.Kavimalar
4. E.Kokiladevi
..Petitioner(s)
Vs
1. Malarkodi
Narayanasamy (Died)
2. Kalyani
Velliyangiri (Died)
3. Mani
4. Gunavathi
5. Santhoshkumar
6. Ganga Shree
7. Sarojini
..Respondent(s)
CRP No. 5683 of 2026
1. K.M.Chinnadurai
2. Karthikaijothi
3. S.Kavimalar
4. E.Kokiladevi
..Appellant(s)
Vs
1. Malarkodi
Narayanasamy (died)
2. Kalyani
Velliyangiri (died)
3. Mani
4. Gunavathi
5. Santhoshkumar
6. Ganga Shree
7. Sarojini
..Respondent(s)
CRP No. 5681 of 2026
1. K.M.Chinnadurai
2. Karthikaijothi
3. S.Kavimalar
4. E.Kokiladevi
..Appellant(s)
Vs
1. Malarkodi
Narayanasamy (died)
2. Kalyani
Velliyangiri (died)
3. Mani
4. Gunavathi
5. Santhoshkumar
6. Ganga Shree
7. Sarojini
..Respondent(s)
CRP No. 5680 of 2026
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the unnumbered docket order dated 17.08.2026 in IA SR
No.4414 of 2026 in IA No.4 of 2023 in OS No.165 of 2016 passed by the Subordinate Judge, Gobichettipalayam and consequently direct the Subordinate Judge, Gobichettipalayam, to take on file the said IA SR No.4414 of 2026, number the same if its is otherwise in order and adjudicate the application on merits after giving to opportunity to both parties in accordance with law.
CRP No. 5683 of 2026
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the unnumbered docket order dated 17.08.2026 in
I.A.SR.No.4412 of 2026 in I.A.No.4 of 2023 in O.S.No.165 of 2016 passed by the Subordinate Judge, Gobichettipalayam and consequently direct the Sub Judge, Gobichettipalayam, to take on file the said I.A.SR.No.4412 of 2026, number the same if it is otherwise in order and adjudicate the application on merits after giving to opportunity to both parties in accordance with law.
CRP No. 5681 of 2026
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the unnumbered docket order dated 17.08.2026 in IA SR
No.4413 of 2026 in IA No.4 of 2023 in OS No.165 of 2016 passed by the Subordinate Judge, Gobichettipalayam and consequently direct the Subordinate Judge, Gobichettipalayam, to take on file the said IA SR No.4413 of 2026, number the same if it is otherwise in order and adjudicate the application on merits after giving to opportunity to both parties in accordance with law.
In all cases
For Petitioner(s):
Mr.K.Krishnan
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COMMON ORDER
The petitioners challenge the return dated 17.08.2026. The petitioners took out three interlocutory applications subsequent to the passing of the preliminary decree and pending final decree proceedings (i) for stay (ii) for impleading the petitioners as parties to the proceedings and (iii) to pass a preliminary decree. The said applications had been returned on the ground that they are not maintainable.
2. I find that there has been no re-presentation of the said return dated 17.08.2026 and directly the petitioners have approached this Court under Article 227 by way of Revision Petitions. Following the ratio laid down in Selvaraj.K. Vs.Koodankulam Nuclear Power Plant India Limited, reported in 2021 4 CTC 539, these Revision Petitions are allowed, setting aside the return order dated 17.08.2026 with a direction to the learned Sub Judge, Gobichettipalayam to list the applications in open Court for hearing the learned counsel for the petitioners on maintainability of the applications and thereafter, after hearing the counsel’s arguments, the Court shall pass orders on maintainability, within a period of two weeks. Till the maintainability issue is decided, final decree shall not be passed.
3. Accordingly, the Civil Revision Petitions are allowed. No costs. Consequently, connected miscellaneous petition is closed. The original returned applications shall be returned by the Registry to the learned counsel for the petitioners within one week from the date of this order being uploaded in the High Court’s Website to enable the petitioners to re-present the same before the Trial Court. 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI To Subordinate Judge, Gobichettipalayam.
P.B.BALAJI J. SLI CRP No. 5680, 5681 & 5683 of 2026 AND CMP No. 24519 of 2026 08-09-2026