Badra estates and Industries Limited v. Gajendran (Died), 1) Veerammal
Case brief
What is this about?
Madras High Court, Madurai Bench; C.R.P(MD)No.1710 of 2026 (Civil Revision Petition, Art. 227); order of return of interlocutory application under Order 16 Rule 1 C.P.C; summons to Village Administrative Officer, Santhaiyur Group Village; production of revenue records and tax receipts (originals lost, photocopy authenticity); suit O.S.No.435 of 2018, Principal Sub court, Dindigul; declaration of title and recovery of possession; plea of title by prescription; application cannot be returned merely because suit is more than five years old; necessity and maintainability to be considered on merits; order of return set aside; I.A. to be numbered and disposed per law; no costs; connected C.M.P(MD)No.8235 of 2026 closed; decided 06.07.2026 by Justice S. Sounthar.
What did the court decide?
Order of return dated 22.04.2026 set aside; trial Court (Principal Sub court, Dindigul) directed to number the petitioner's unnumbered I.A. and dispose of it in accordance with law after affording reasonable opportunity to the respondents; Registry directed to return the original papers relating to the unnumbered I.A SR dated 23.03.2026 to the learned counsel for the petitioner; no costs; connected miscellaneous petition C.M.P(MD)No.8235 of 2026 closed.