J.Savithiri Vs S.Murugan — Writ and Judicial Review | Madras HC (2026)

J.Savithiri Vs S.Murugan — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

All three Revisions closed as infructuous (no further adjudication) with no costs; connected Civil Miscellaneous Petitions CMP.No.9068 of 2017, CMP.No.6640 of 2018 and CMP.No.5632 of 2023 also closed.

Issue for consideration

Whether, in view of this Court's order dated 19.09.2023 in CRP.No.3980 of 2014 restoring suit O.S.No.899 of 1991 and setting aside the proceedings in Execution Petition E.P.No.31 of 2014, any further adjudication was required in these three Revisions challenging execution-stage orders.

Court's answer

Since this Court's order dated 19.09.2023 in CRP.No.3980 of 2014 had restored suit O.S.No.899 of 1991 and set aside the proceedings in Execution Petition E.P.No.31 of 2014, no further adjudication was required in these Revisions.

Ratio / Principle

Accordingly, the three Civil Revision Petitions (CRP Nos. 1881 of 2017, 1287 of 2018 and 729 of 2023) were closed as infructuous with no costs, and the connected Civil Miscellaneous Petitions (CMP.Nos. 9068 of 2017, 6640 of 2018 and 5632 of 2023) were also closed.

Detailed headnote1 paragraphs

Common order (K.Kumaresh Babu J., High Court of Judicature at Madras, 05-03-2026) closing as infructuous three civil revision petitions - CRP No. 1881 of 2017 (S.115 CPC), CRP No. 1287 of 2018 (Art. 226, Constitution of India) and CRP No. 729 of 2023 (Art. 227, Constitution of India) - filed by J.Savithiri and J.Sabarinathan against decreetal orders dated 03.03.2017 (E.A.No.30 of 2014), 28.02.2018 (unnumbered E.A.) and 17.11.2022 (E.A.No.1 of 2022) passed in execution proceedings E.P.No.31 of 2014 arising from O.S.No.899 of 1991 before the Principal Sub Court/Principal Subordinate Judge, Coimbatore. Counsel conceded infructuosity because, by order dated 19.09.2023 in CRP.No.3980 of 2014, the Court had restored the underlying suit and set aside the execution petition. Holding that no further adjudication was necessary, the Court closed all three Revisions and the connected CMPs (Nos. 9068 of 2017, 6640 of 2018 and 5632 of 2023) without costs.

CRP No. 1881 of 2017, CRP.No.1287 of 2018 & CRP.No.729 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

CRP No. 1881 of 2017 & CRP No. 1287 of 2018,

CRP No. 729 of 2023

& CMP.No.9068 of 2017, CMP.No.6640 of 2018 & CMP.No.5632 of 2023

J.Savithiri

W/o.Late.S.D.Jayaprakash

J.Sabirinathan

S/o.Late.S.D.Jayaprakash

..Petitioner(s)

Vs

S.Murugan S/o.Sampathkumar, 18, Chandrasekarapuram, Selvapuram North, Coimbatore – 641 026.

Selvaraj S/o.K.Shanmugasundaram,

Singaravelan S/o.K.Shanmughasundaram.

Srinivasan S/o.K.Shanmugasundaram.

S.Kamatchi

D/o.K.Shanmughasundaram

Vijayalakshmi D/o.K.Shanmughasundaram

Vetriselvan S/o.K.Shanmugasundaram

Shanmugam (died) T.M.T.Jayalakshmi (died)

Krishnaveni D/o.K.Shanmugasundaram

..Respondent(s)

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CRP No. 1881 of 2017, CRP.No.1287 of 2018 & CRP.No.729 of 2023

CRP No. 1287 of 2018

J.Savithiri W/o Late S.D.Jayaprakash

J.Sabarinathan S/o Late S.D.Jayaprakash

..Petitioner(s)

Vs

Selvaraj S/o K.Shanmugasundaram.

Singaravelan S/o K.Shanmughasundaram

Srinivasan S/o K.Shanmugasundaram

S.Kamatchi D/o K.Shanmugasundaram

Vijayalakshmi, D/o K.Shanmugasundaram

Vetriselvan, S/o K.Shanmugasundaram Shanmugasundaram (died)

Krishnaveni D/o K.Shanmugasundaram W/o Late Sivadas, 84/85, Anna Nagar, Opp, Silambuvilayattu Mariamman Koil, Siruvani Road, Perur, Coimbatore-10 Jayalakshmi (died) ..Respondent(s)

CRP No. 729 of 2023

J.Savithiri W/o. Late. D. Jayaprakash, D.No.300B, Vysial Street, Coimbatore Town.

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CRP No. 1881 of 2017, CRP.No.1287 of 2018 & CRP.No.729 of 2023

J.Sabarinathan S/o. Late. D. Jayaprakash, Door.No.300B, Vysial Street, Coimbatore Town.

..Petitioner(s)

Vs

Selvaraj

S/o. Late.K. Shanmugasundaram

Singaravelan S/o. Late.K. Shanmugasundaram

Sreenivasan S/o. Late.K. Shanmugasundaram

S.Kamatchi D/o. Late.K. Shanmugasundaram

Tmt. Vijayalakshmi D/o. Late.K. Shanmugasundaram

Vetriselvan S/o. Late.K. Shanmugasundaram

K.Shanmugasundharam (died) Tmt. Jeyalakshmi (died)

Tmt. Krishnaveni, D/o. K.Shanmugasundaram, W/o. Late Sivadoss, 84/85, Anna Nagar, Siruvani Road, Perur, Coimbatore - 641 010.

..Respondent(s)

Prayer in CRP No. 1881 of 2017:

This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decretal order dated 03.03.2017 made in E.A.No.30 of 2014 in EP.No.31 of 2014 on the file of the learned Principal Sub Court, Coimbatore.

Prayer in CRP No. 1287 of 2018

This Civil Revision Petition is filed under Article 226 of the Constitution of India, to set aside the fair and decreetal order dated 28.02.2018 made in

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CRP No. 1881 of 2017, CRP.No.1287 of 2018 & CRP.No.729 of 2023

unnumbered E.A. in E.P.No.31 of 2014 in O.S.No.899 of 1991 on the file of the learned Principal Sub court, Coimbatore.

Prayer in CRP No. 729 of 2023

This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order made in EA.No. 1 of 2022 in EP.No. 31 of 2014 dated 17.11.2022 on the file of Principal Subordinate Judge, Coimbatore

CRP No. 1881 of 2017

For Petitioner(s): Mr.S.Karthikei Balan For Respondent(s): Mr.L.Mouli For R2, R3, R5, R6 & R8 Mr.S.Prasath For R1 R4 & R7 – no appearance

CRP No. 1287 of 2018

For Petitioner(s):

Mr.S.Karthikei Balan

For Respondent(s): Mr.L.Mouli For R1, R2, R4, R5 & R7 R3 – no appearance R6 - left

CRP No. 729 of 2023

For Petitioner(s): Mr.S.Karthikei Balan

For Respondent(s): Mr.L.Mouli For R1, R2, R4, R5 & R7 R3 & R6 – no appearance

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CRP No. 1881 of 2017, CRP.No.1287 of 2018 & CRP.No.729 of 2023

COMMON ORDER

The learned counsel for the petitioners would submit that all the Revision Petitions have become infructuous in view of the order passed by this Court in CRP.No.3980 of 2014 on 19.09.2023.

2.These Revision Petitions have been filed challenging the order passed in the Execution Proceedings in E.P.No.31 of 2014. This Court by its order dated 19.09.2023 had restored the suit in O.S.No.899 of 1991 and has also set aside the proceedings in the Execution Petition.

3.Therefore, no further adjudication has to be made in these Revisions. Therefore, the Revisions are closed. No costs. Consequently, the connected Civil Miscellaneous Petitions are closed.

05-03-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

TSG

To

The Principal Subordinate Judge, Coimbatore

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CRP No. 1881 of 2017, CRP.No.1287 of 2018 & CRP.No.729 of 2023

K.KUMARESH BABU J.

TSG

CRP No. 1881 of 2017 & CRP No. 1287 of 2018, CRP No. 729 of 2023

05-03-2026

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