Raju Vs Eruthi Goundar — Writ and Judicial Review | Madras HC (2025)

Raju Vs Eruthi Goundar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to not press his counter claim in respect of Item No.3 in Schedule A to his counter claim; on such endorsement the counter claim will not deal with the said property; the suit in O.S.No.10 of 2024 to be disposed of as expeditiously as possible and not later than eight weeks from receipt of a copy of the order; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the fair and decreetal order in I.A.No.10 of 2025 in O.S.No.10 of 2024 (District Munsif cum Judicial Magistrate, Viralimalai, dated 01.11.2025), dismissing the petitioner's amendment application to his counter claim, should be called for and set aside. +1 more

Court's answer

Even though the Court found no merits in the petition, the Civil Revision Petition is disposed of with liberty to the petitioner to not press his counter claim in respect of Item No.3 in Schedule A to his counter claim.

Ratio / Principle

Without setting aside the impugned order, the petitioner is at liberty not to press his counter claim in respect of Item No.3 of 'A' schedule property.

Key takeaways

Not pressing the counter claim in respect of Item No.3 would not cause any further delay in disposal of the suit, which is already in the stage of argument.ratio¶¶21
If the petitioner makes the endorsement of not pressing the counter claim, the counter claim will not deal with the said Item No.3 property.ratio¶¶26
The learned District Munsif cum Judicial Magistrate, Viralimalai is to proceed to dispose of the suit in O.S.No.10 of 2024 as expeditiously as possible, not later than eight weeks from receipt of a copy of this order.ratio

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (K.KUMARESH BABU, J.), 25/11/2025 — CRP(MD).No.3529 of 2025 with CMP(MD)No.18938 of 2025; Raju, Chinnasamy and Nagarajan v. Eruthi Goundar (represented by power agent Ganesan). Civil Revision Petition under Article 227 of the Constitution of India seeking to set aside the fair and decreetal order in I.A.No.10 of 2025 in O.S.No.10 of 2024 of the District Munsif cum Judicial Magistrate, Viralimalai dated 01.11.2025, which dismissed the petitioner's application to amend his counter claim by deleting Item No.3 in 'A' schedule on the ground that the amendment would alter the substance of the counter claim and defeat the effect of the evidence already recorded; the respondent/plaintiff's reply statement had attacked the counter claim as bad for non-joinder of the owner of Item No.3 of 'A' schedule. Finding no merits in the petition, the Court disposed of it with liberty to the petitioner not to press his counter claim in respect of Item No.3 in Schedule A; on such endorsement the counter claim will not deal with the said property, and no further delay would be caused as the suit is already in the stage of argument. The trial Court was directed to dispose of O.S.No.10 of 2024 as expeditiously as possible, not later than eight weeks from receipt of a copy of the order. Disposed of; no costs; connected miscellaneous petition closed.

CRP(MD). No.3529 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 25/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

CRP(MD). No.3529 of 2025 and CMP(MD)No.18938 of 2025

1.Raju 2.Chinnasamy 3.Nagarajan

... Petitioners

Vs

Eruthi Goundar represented by his power agent, Ganesan ... Respondents

PRAYER :-

Civil Revision petition filed Under Article 227 of the Constitution of India, to call for the records pertaining to the fair and decreetal order in I.A.No.10 of 2025 in O.S.No.10 of 2024 passed by District Munsif cum Judicial Magistrate, Viralimalai, dated 01.11.2025 and set aside the same.

For Petitioner : M/s. A.Balakrishnan Advocate.

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CRP(MD). No.3529 of 2025

ORDER

This Civil Revision petition is filed to call for the records pertaining to the fair and decreetal order in I.A.No.10 of 2025 in O.S.No.

10 of 2024 passed by District Munsif cum Judicial Magistrate, Viralimalai, dated 01.11.2025 and set aside the same.

The petitioner's application for amendment of his counter claim to delete the item No.3 in 'A' schedule has been dismissed by the Court below as the proposed amendment would amount to alter the substance in the counter claim and defeat the effect of the evidence already recorded. A reply statement filed by the respondent / plaintiff to the counter claim would indicate that he had attacked the counter claim as being bad for non joinder of the owner of the item No.3 of A schedule.

Hence, in this view of the matter, this Court is of the view that without setting aside the order impugned herein, the petitioner can be at liberty to not press his counter claim in respect of item No.3 of A schedule property, as it could not cause any further delay in disposal of the suit which is already in the stage of argument.

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CRP(MD). No.3529 of 2025

For the aforesaid reasons, even though this Court do not find

any merits in this petition, this Civil Revision Petition is disposed of with liberty to the petitioner to not press his counter claim in respect of Item No.3 in Schedule A to his counter claim. If such an endorsement is made, the Counter claim may not deal with the said property and the learned District Munsif cum Judicial Magistrate, Viralimalai, would also proceed to dispose of the suit in O.S.No.10 of 2024 as expeditiously as possible but however not later than eight weeks from the date of receipt of a copy of this order.

With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed.

25.11.2025

NCC : yes / no Index : yes / no Internet : yes / no

pnn

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CRP(MD). No.3529 of 2025

K.KUMARESH BABU, J

pnn

To

1.District Munsif cum Judicial Magistrate, Viralimalai.

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRP(MD). No.3529 of 2025 and CMP(MD)No.18938 of 2025

25.11.2025

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