Disposed¶31

Rathinavel v. Krishnagounder (Died)

Madras HC6 Jan 2026CRP/4813/2025

Case brief

AI extract

What is this about?

Keywords: Article 227 jurisdiction; civil revision maintainability; revision versus pending statutory first appeal; premature challenge to trial court judgment and decree; preliminary decree; additional evidence Order XL Rule 27 CPC; O.S.No.105 of 2010 Subordinate Judge Rasipuram; A.S.No.45 of 2018 Principal District Judge Namakkal; Fast Track Mahila Court Namakkal; CRP No.4813 of 2025; CRP.No.1671 of 2024; Tr.CMP No.438 of 2025; CMP No.17682 of 2025; I.A.No.9 of 2023 stay; disposal timeline direction 31.03.2026; Madras High Court; P.B. Balaji; disposed of; no costs; connected miscellaneous petition closed.

What did the court decide?

No relief to the revision petitioner; Civil Revision Petition disposed of with the above direction to the Principal District Judge, Namakkal; no costs; connected Miscellaneous Petition closed. ¶31

Rathinavel Vs Krishnagounder (Died) — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

No relief to the revision petitioner; Civil Revision Petition disposed of with the above direction to the Principal District Judge, Namakkal; no costs; connected Miscellaneous Petition closed.

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Issue for consideration

Whether the Civil Revision Petition under Article 227 seeking to set aside the judgment and decree in O.S.No.105 of 2010 should be entertained when a statutory first appeal (A.S.No.45 of 2018) against the same decree is pending and ripe for arguments. +1 more

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Court's answer

This Court declined to entertain the present revision under Article 227 of the Constitution of India because a statutory first appeal against the very judgment and decree is pending and is also ripe for arguments.

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Ratio / Principle

The learned Principal District Judge, Namakkal was directed to hear A.S.No.45 of 2018 along with the pending application for adducing additional evidence and to dispose of both on merits and in accordance with law by 31.03.2026.

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Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji J.), CRP No. 4813 of 2025, order dated 06-01-2026: Civil Revision Petition under Article 227 of the Constitution of India sought to set aside the judgment and decree dated 18.10.2012 in OS.No.105/2010 of the Subordinate Judge at Rasipuram, counsel alleging several glaring defects in the preliminary decree. Held: the Court was not inclined to entertain the revision when a statutory first appeal (A.S.No.45 of 2018 before the learned Principal District Judge, Namakkal) was pending and ripe for arguments, particularly since an application for adducing additional evidence under Order XL, Rule 27 C.P.C. was also pending therein. The Principal District Judge, Namakkal was directed to hear the appeal along with the additional evidence application and dispose of both on merits and in accordance with law by 31.03.2026. Petition disposed of, no costs; connected Miscellaneous Petition closed. Procedural background noted: earlier CRP.No.1671 of 2024 against dismissal of stay in I.A.No.9 of 2023 was allowed on 13.03.2025 with a 30.04.2025 deadline before the Fast Track Mahila Court, Namakkal; Tr.CMP No.438 of 2025 resulted in transfer to the Principal District Court, Namakkal on 11.06.2025 with a 31.07.2025 deadline; modification sought in CMP No.17682 of 2025 was refused and a further two-week extension from 31.07.2025 granted.

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CRP No. 4813 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-01-2026

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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CRP No. 4813 of 2025 and CMP No.24260 of 2025

Rathinavel

Petitioner(s)

Krishnagounder (Died)

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1.Dhanalakshmi

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2.Muthulakshmi @ Muthayee

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Respondent(s)

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PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the degree and judgment, dated 18.10.2012 made in OS.No.105/2010 on the file of Subordinate Judge at Rasipuram.

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For Petitioner: Mr.P.Valliappan, Senior Counsel

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Assisted by

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Mr.S.Varanesh

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For Respondents Mr.R.Nalliyappan for R1 Mr.Karthik for R2

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ORDER

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Heard Mr.P.Valliappan, learned Senior Counsel appearing for the revision

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petitioner, Mr.Nalliappan, learned counsel for the first respondent and

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Mr.Karthick, learned counsel appearing for the second respondent.

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https://www.mhc.tn.gov.in/judis

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CRP No. 4813 of 2025

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Mr.P.Valliappan, learned Senior Counsel appearing for the revision petitioner would fairly bring to my notice that the first appeal has been filed challenging the Judgment and decree in O.S.No.105 of 2010 and the same is pending in A.S.No.45 of 2018 before the learned Principal District Judge, Namakkal. In the said appeal, the petitioner has also taken out an application for adducing additional evidence under Order XL, Rule 27 C.P.C., and the same is also pending. He would however state that there are several glaring defects in the preliminary decree which warrant the exercise of the extraordinary power under Article 227 of the Constitution of India to set aside the Judgment and decree of the trial Court in O.S.No.105 of 2010.

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Mr.Nalliappan, learned counsel appearing for the first respondent / plaintiff would submit that this is not the first attempt made by the revision petitioner. Earlier the revision petitioner himself has filed another revision in CRP.No.1671 of 2024 challenging the dismissal of the stay application in I.A.No.9 of 2023 in A.S.No.45 of 2018. This Court by an order dated 13.03.2025, had allowed the revision and directed the Fast Track Mahila Court, Namakkal to dispose of A.S.No.45 of 2018 on or before 30.04.2025. Thereafter the revision petitioner filed Tr.CMP No.438 of 2025 and the same was heard by me and orders were passed on 11.06.2025, transferring the proceedings from the file of the Fast Track Mahila Court, Namakkal to the file of the Principal District Court, Namakkal, with the direction to dispose of the Appeal on or

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https://www.mhc.tn.gov.in/judis

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CRP No. 4813 of 2025

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before 31.07.2025. Thereafter CMP was filed in CMP No.17682 of 2025 by the revision petitioner in the said Transfer CMP, seeking modification of the order passed by me on 11.06.2025. However, I was not inclined to accede to the request for modification of the order and I once again granted further time to the Principal District Judge, Namakkal to dispose of the appeal within an extended period of two weeks from 31.07.2025.

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In the light of the above, I am not inclined to entertain the present revision under Article 227 of the Constitution of India, when a statutory first appeal is pending and it is also ripe for arguments. As it has been brought to my notice that an application for adducing additional evidence is also pending & the said application which is being taken up along with the main appeal, the learned Principal District Judge, Namakkal shall hear the appeal along with the application for adducing additional evidence and dispose of both on merits and in accordance with law, by 31.03.2026.

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