Madras High Court
CRP/4080/2023 of G. Amudhavalli Vs N. Mangalakshmi on 3 November 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
Civil Revision Petition No.4080 of 2023
and
C.M.P.No.24976 of 2023
CNR: {HCMA010089702023}
1. G.Amudhavalli
W/o.A.Ganapathi
2. N.Selvamurugan
S/o.Late.Natarajan
3. N.Shanmugam
S/o.Late.Natarajan
4. G.Viswanathan
S/o.A.Ganapathi
5. G.Nimilan
S/o.A.Ganapathi
6. A.Ganapathi
S/o.Ayasamy
..Petitioners
Vs
1. N.Mangalakshmi
W/o.S.Rajendran
2. S.Mageshwari
W/o.Sivalingam
3. S.Rajeswari
W/o.Shanmugam
4. B.Banumathi
W/o.Balaji
5. V.Sankari
W/o.Vaidyanathan
6. N.K.Surana
S/o.H.M.Surana
7. R.N.Damani
S/o.N.V.Damani
8. S.Vinoth Kumar
S/o.Sugal Ghand Jain
9. N.Vijayalakshmi
W/o.N.K.Surana
10.M/s.Kshetropasna Public Charitable Trust, represented by its Managing Trustee, Gokuldham, Maduvankarai, Sriperumbudur - 602 105.
11.The Tahsildar,
Sriperambudur Taluk Office,
Sriperambudur,
Kancheepuram District.
..Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the order passed in memo in O.S.No.208 of 2011 dated 30.06.2022 on the file of learned Additional Subordinate Judge, Kancheepuram.
For Petitioners :
Mr.B.Balavijayan
for M/s.C.S.Associates
For Respondents :
No appearance [R1, R2, R6 & R11]
Died [R5]
Not ready in notice [R3, R4, R7 to R10]
*****
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ORDER
This civil revision petition has been filed under Article 227 of the Constitution of India against the rejection of memo filed by petitioners/defendants 1, 3 to 7 in O.S.No.208 of 2011 dated 30.06.2022 to impound the unregistered sale deed in order to enable the petitioners to pay the stamp duty along with penalty and to use the document for collateral purposes.
2. Heard learned counsel for petitioners and carefully perused the materials available on record.
3. The respondents 1 to 4 are the plaintiffs, who filed the suit in O.S.No.208 of 2011, seeking the relief of partition and other consequential reliefs. The suit was at the stage of letting in evidence on the side of defendants. At that stage, a memo was filed by petitioners/defendants to impound the unregistered sale deed dated 16.03.1994 in order to pay the stamp duty along with penalty. This memo was rejected by the Court below on the ground that the unregistered sale deed is inadmissible in evidence and it cannot be looked into even for collateral purposes. Aggrieved by the same, the present revision has been filed before this Court.
4. The issue involved in the present case is covered by the earlier judgment of this Court in Ravi v. Gowri [2026 (4) LW 822]. This Court took into consideration the earlier judgments of the Apex Court and held that the Apex Court has carved out an exception for partition suit where a Court can impound the document and direct the party to pay the stamp duty along with penalty and take the document into evidence and consider the same for collateral purposes.
N.ANAND VENKATESH, J. gm
5. In the case in hand, the suit is for partition and the document in question is an unregistered document, which the petitioners/defendants 1, 3 to 7 are relying upon and they want this document to be impounded to enable them to pay the stamp duty along with penalty. The Court below ought to have considered this memo in accordance with law.
6. In view of the above, the order passed by the Court below dated 30.06.2022 is set aside. The Court below is directed to proceed further in line with the judgment in Ravi’s case [supra]. This civil revision petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Additional Subordinate Judge, Kancheepuram. Civil Revision Petition No.4080 of 2023