Defendant in a declaration and injunction suit sought extension of the interim order staying the appeal suit until the Revenue Divisional Officer decided his revenue record rectification plea. The court extended the hold on disposal of the appeal by three months, thereafter directing expeditious disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD). No.11015 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Tuesday, the Twenty Second day of July Two Thousand and Twenty Five
PRESENT
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CMP(MD). No.11015 of 2025 IN CRP(MD)NO.2687 OF 2024
N.Seenivasan ... Petitioner/Petitioner Vs
S.Mahendhiraraj ... Respondent/Respondent
Prayer in CMP(MD).No.11015 of 2025 :-
This Civil Miscellaneus Petition filed Under Section 148 of C.P.C,,to extend the period of 3 months fixed in the order dated 25-10-2024 in the above revision to keep on hold without taking up for final disposal of A.S.No.2 of 2022 pending on the file of the Sub Court, Sattur.
Prayer in CRP(MD).No.2687 of 2024 :-
This Civil Miscellaneus Petition filed Under Article 227 of Constitution of India, against the fair and decreetal order passed in I.A.No.5 of 2023 in A.S.No.2 of 2022 on the file of Sub Court, Sattur dated 20.09.2024
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CMP(MD). No.11015 of 2025
ORDER:- This Civil Miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.H.Arumugam, Advocate for the Petitioner and none appeared for the respondents, this Court made the following order:
The petitioner has filed this petition seeking extension of time granted by this Court vide order dated 25.10.2024.
2.The learned counsel for the petitioner submits that the revision petitioner is the defendant in O.S.No.41 of 2014 on the file of the District Munsif Court, Sattur for declaration and permanent injunction. The said suit was decreed and the counter claim was also dismissed vide judgment and decree dated 06.06.2019. Challenging the same, the petitioner filed A.S.No.2 of 2022 and the same is pending.
3.In the meantime, for rectification of revenue records with regard to the suit property, the petitioner preferred an appeal before the Revenue Divisional Officer. Since no order was passed, the petitioner filed W.P.(MD)No.18623 of 2023. During the pendency of the writ petition, the trial Court hurriedly took up the appeal suit. Hence, the petitioner filed an application to stay the appeal suit. The said petition
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CMP(MD). No.11015 of 2025
was dismissed. Challenging the said order, the petitioner has filed the Civil Revision Petition. This Court vide order dated 25.10.2024, has directed the trial Court to keep the appeal suit in A.S.No.2 of 2022 on hold for a period of three months.
4.The learned counsel for the petitioner submits that the writ petition filed by the petitioner was disposed on 04.03.2025 and the Revenue Divisional Officer is yet to pass orders on the proceedings of the petitioner seeking rectification of revenue records. Hence, the petitioner seeks extension of the order of this Court dated 25.10.2024.
5.The learned counsel for the petitioner made an endorsement that notice to the respondent shall be dispensed with.
6.Considering the facts and circumstances of the case, the earlier order granted by this Court on 25.10.2024 is extended and the trial Court is directed not to dispose of the appeal suit in A.S.No.2 of 2022 for a further period of three months from the date of receipt of a copy of this order. Thereafter, the trial Court is directed to dispose the appeal suit on merits and in accordance with law as expeditiously as possible.
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CMP(MD). No.11015 of 2025
7.In view of the above, this Civil Miscellaneous Petition is ordered.
Sd/-
Assistant Registrar ( C.S. III ) // True Copy //
/ /2025 Sub Assistant Registrar ( CS – I / II / III / IV )
TO
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
+1CC to M/s. H.Arumugam, Advocate (SR-45596[F] dated 23/07/2025)
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CMP(MD). No.11015 of 2025
ORDER DATED : 22/07/2025
========================== EXTENSION OF TIME ==========================
CMP(MD). No.11015 of 2025 IN CRP(MD)NO.2687 OF 2024
Giving direction and etc. as stated within.
SB/07.08.2025 5P/5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Should the High Court's earlier order dated 25.10.2024 keeping A.S.No.2 of 2022 in hold for three months be extended pending the RDO's decision on rectification of revenue records?
2 provisions across 2 enactments
N.Seenivasan
S.Mahendhiraraj
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
