Madras High Court
CRP/3334/2025 of G.D.PUSHPAVATHY Vs M.RAMACHANDRAN on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 3334 of 2025
and
CMP No.18370 of 2025
CNR: {HCMA011663102025}
G.D.Pushpavathy
W/o. Late Durairajan
...Petitioner
Vs
1. M.Ramachandran
S/o. Late G. Manavalan
2. M. Veeraraghavan
S/o. Late G.Manavalan
3. M. Padmanaban
S/o. Late G.Manavalan
4. M. Raja Rajeswari
D/o. Late G.Manavalan
5. Geethalakshmi
D/o.Late G.Manavalan
6. Dhanalakshmi
W/o. Late Sivasankaran
7. S. Premila Devi
W/o. late Somasundaram
8. S. Hemalatha
D/o. Late Sivasankaran
9. S. Suraj Kumar
S/o.Late Sivasankaran
...Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India praying to allow the Civil Revision Petition and set aside the fair order and Decretal order in I.A.No.4 of 2025 in O.S.No.86 of 2021 passed by the Additional District Judge, Chengalpattu dated 16.06.2025.
For Petitioner:
Mr. G.Mutharasu
For Respondents:
Mr. L.Venkateswaran for R1
Mr. A. Kalaiazhagan for R2
Mr. T. Muruganantham for R6, R8 & R9
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Civil Revision Petition has been filed against the fair and decretal order dated 16.06.2025 passed in I.A.No.4 of 2025 in O.S.No.86 of 2021 by the Additional District Judge, Chengalpattu wherein the application filed by the first respondent/5th defendant under Order VIII Rule 1(2) & (3) of the Civil Procedure Code (CPC) to receive the additional document came to be allowed by the Court below.
2. This Court heard the learned counsel appearing on either side and perused the materials available on record and carefully went through the impugned order passed by the Court below.
3. The petitioner is the plaintiff who filed the suit in O.S.No.86 of 2021 seeking for the relief of partition, for allotment of half share in the suit property and for other consequential reliefs.
4. The first respondent who is the 5th defendant filed I.A.No.4 of 2025 for filing an additional document. The same came to be allowed by the Court below and aggrieved by the same, the present civil revision petition has been filed before this Court.
5. In the case in hand, the document that was sought to be brought in is a Will dated 03.10.1982. The plaintiff opposed the same on the ground that it was a forged and fabricated document. The Court below rendered a finding that the admissibility and proof of the Will would be considered as and when the Will is marked and the same need not be dealt with while dealing with the said application. The order passed by the Court below does not suffer from any perversity warranting interference of this Court.
6. The Will that is sought to be relied upon by the first respondent/5th defendant has to be proved in accordance with law and if the petitioner/plaintiff is raising the issue of forgery, such suspicious circumstances raised by the petitioner/plaintiff must also be dispelled by the first respondent/5th defendant. Therefore, the petitioner/plaintiff will get sufficient opportunity to oppose the will as and when it is marked and acted upon by the Court below. The Court below has also made it clear that the petitioner/plaintiff has every opportunity to disprove the document.
7. In the light of the above discussions, the civil revision petition is dismissed and the impugned order dated 16.06.2025 passed in I.A.No.4 of
2025 in O.S.No.86 of 2021 by the Additional District Judge, Chengalpattu is sustained. There shall be a direction to the Additional District Judge, Chengalpattu to dispose of the suit in O.S.No.86 of 2021 within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, the connected CMP is also dismissed. 29-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To The Additional District Judge, Chengalpattu. ARL/KSK
N.ANAND VENKATESH,J ARL/KSK CRP No.3334 of 2025& CMP No.18370 of 2025 29-10-2026