Amutha, Vs K.Shivakumar — Madras HC (2026) — LawSathi Research

Amutha, Vs K.Shivakumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Civil revision petition disposed of with the order in I.A.No.2 of 2025 set aside; defendants to file written statement within three weeks; plaintiff to implead the legal representatives of the deceased first respondent, with independent written statements due within two weeks of impleadment if not adopted; trial Court to frame issues within one week of completion of pleadings and dispose of O.S.No.3610 of 2019 on merits within six months of framing of issues; no costs; connected miscellaneous petition (CMP No. 9090 of 2026) closed.

Issue for consideration

Whether the order dated 07.03.2026 passed in I.A.No.2 of 2025 in O.S.No.3610 of 2019 ought to be set aside so that the defendants may file their written statement in the pending suit. +1 more

Court's answer

The civil revision petition is disposed of by setting aside the order passed in I.A.No.2 of 2025, and the defendants are directed to file their written statement within three weeks from the date of receipt of a copy of this order.

Ratio / Principle

The plaintiff shall take out an appropriate application to implead the legal representatives of the deceased first respondent; on their impleadment, if the proposed defendants do not adopt the written statement of the other defendants, an independent written statement of those legal representatives shall be filed within two weeks from the date of impleadment.

Key takeaways

The trial Court shall frame the issues within a period of one week thereafter, i.e., from the date of completion of pleadings.ratio¶25
The suit in O.S.No.3610 of 2019 shall be disposed of on merits and in accordance with law within a period of six months from the date of framing of issues.ratio¶25

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji, J.), by order dated 15-07-2026, disposed of CRP No. 2050 of 2026 (with connected CMP No. 9090 of 2026), a Civil Revision Petition under Section 115 of the Civil Procedure Code against the order dated 07.03.2026 made in I.A.No.2 of 2025 in O.S.No.3610 of 2019 on the file of the XXI Additional City Civil Court, Chennai. Pursuant to the Court's earlier directions dated 01.07.2026, the revision petitioners and the legal representatives of the first defendant had filed affidavits of undertaking (recorded 09.07.2026) that the suit property would not be alienated pending the revision, which the Court found sufficient to protect the parties' interests. The Court set aside the order passed in I.A.No.2 of 2025 and directed the defendants to file their written statement within three weeks; the plaintiff was to take out an application to implead the legal representatives of the deceased first respondent, failing adoption of the other defendants' written statement, an independent written statement being due within two weeks of impleadment; the trial Court was to frame issues within one week of completion of pleadings and dispose of the suit on merits within six months of framing of issues. No costs.

CRP No. 2050 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-07-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

CRP No. 2050 of 2026 and CMP No. 9090 of 2026

Amutha,

D/o.Loganathan(Late), No.6, Periyar Salai, Vanniya Teynampet, Chennai -600 018. AND 2 OTHERS

Petitioner

Vs

K.Shivakumar, S/o.S.C.Kasirajan, 12/1, Mannar Street, T.Nagar, Chennai -600 017.

Respondent

Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the order dated 07.03.2026 made in I.A.No.2 of 2025 in O.S.No.3610 of 2019 on the file of XXI Additional City Civil Court, Chennai.

For Petitioner: Mr.A.V.Arun

For Respondent: Mr.T.Harish Chowdhary For Mr.T.M.Naidu & Co

ORDER

Pursuant to the directions vide order dated 01.07.2026, all the revision petitioners along with the an affidavit of the legal representatives of the first defendant

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CRP No. 2050 of 2026

have filed affidavits of undertaking that pending the revision and consequent proceedings, the suit property will not be alienated. This would sufficiently protect the interest of the parties to the lis, as indicated in the order dated 01.07.2026.

The affidavits of the petitioners and Mr.A.Dhashwin, Mrs.Bakkiyalakshmi and Mr.Kanisshh Dev dated 09.07.2026 are recorded.

The civil revision petition is disposed of by setting aside the order passed in

I.A.No.2 of 2025. The defendants shall file their written statement within a period of three weeks from the date of receipt of a copy of this order.

In the mean time, the plaintiff shall take out an appropriate application to implead the legal representatives of the deceased first respondent and on their impleadment, if the proposed defendants do not choose to adopt the written statement of the other defendants, then, independent written statement of the legal representatives of the first respondent shall be filed within a period of two weeks from the date of their impleadment. The trial Court shall frame the issues within a period of one week thereafter i.e., from the date of completion of pleadings and the suit in O.S.No.3610 of 2019 shall be disposed of on merits and in accordance with law within a period of six

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months from the date of framing of issues.

With the above direction, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

15.07.2026

sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To

The XXI Additional City Civil Court, Chennai

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CRP No. 2050 of 2026

P.B.BALAJI.,J

sr

CRP No. 2050 of 2026

15.07.2026

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