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Shanmugavelu v. Kumaravelu

Madras HC12 Feb 2026CRP(MD)/3596/2025

Case brief

AI extract

What is this about?

Keywords: CRP(MD). No.3596 of 2025; CMP(MD).No.19148 of 2025; Madras High Court Madurai Bench; N.Senthilkumar J; Article 227 Constitution of India; amendment of prayer/pleadings; alter nature of suit; no new cause of action; pretrial stage; bare injunction; declaration and recovery of possession; O.S.No.55 of 2019; I.A.No.3 of 2024; District Munsif Court Mudukulathur; Advocate Commissioner's report; change in survey number; revision petition allowed; order dated 16.10.2025 set aside; no costs.

What did the court decide?

Civil Revision Petition allowed with no costs; the order dated 16.10.2025 in I.A.No.3 of 2024 in O.S.No.55 of 2019 passed by the District Munsif Court, Mudukulathur set aside; connected miscellaneous petition (CMP(MD).No.19148 of 2025) closed. ¶29

Shanmugavelu Vs Kumaravelu — Writ and Judicial Review | Madras HC (2026)

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CRP(MD). No.3596 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 12.02.2026

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CORAM

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THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

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CRP(MD). No.3596 of 2025 and CMP(MD).No.19148 of 2025

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1.Shanmugavelu 2.Rajalakshmi ... Petitioners

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Vs.

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1.Kumaravelu 2.Chandran ... Respondents

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PRAYER :-Civil Revision Petition filed under Article 227 of the

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Constitution of India, to set aside the decree and judgment dated 08.10.2025 and 16.10.2025 in I.A.No.3 of 2024 in O.S.No.55 of 2019

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passed by the learned District Munsif Court, Mudukulathur.

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For Petitioners : Mr.K.C.Ramalingam For Respondents : Mr.N.Juliet Latha

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ORDER

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This Civil Revision Petition has been filed challenging the decree and judgment dated 08.10.2025 and 16.10.2025 in I.A.No.3 of 2024 in O.S.No.55 of 2019 passed by the learned District Munsif Court,

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

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CRP(MD). No.3596 of 2025

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Mudukulathur.

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2.Heard the learned counsel appearing for the revision petitioners and the learned counsel for the respondents.

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3.Originally suit was filed by the respondents as plaintiffs in O.S.No.55 of 2019 for bare injunction. Pending suit they have filed an amendment application in I.A.No.3 of 2024 seeking amendment of prayer to include the prayer of declaration and recovery of possession. This application was filed at the pretrial stage. The trial Court allowed the petition on payment of costs stating that no prejudice will be caused to the respondents. The amendment could not be ordered at the pretrial stage. Hence, it will alter the nature of the suit. Hence, this civil revision petition has been filed.

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4.The learned counsel for the respondents submitted that the suit was filed for bare injunction. However, the amendment is sought for declaration and recovery of possession. There is only change in survey number. This mistake was brought to the light only after the filing of the

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

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CRP(MD). No.3596 of 2025

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Commissioner's report filed by the Advocate Commissioner. Hence, no prejudice will be caused to the petitioners herein.

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5.This Court perused the records. This application has been filed

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only based on the Advocate Commissioner's report. If the amendment petition is allowed, it will alter the nature of suit without new cause of action. Hence, the order passed by the trial Court is liable to set aside.

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6.Accordingly, this civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. The order passed by the learned District Munsif Court, Mudukulathur in I.A.No.3

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of 2024 in O.S.No.55 of 2019 dated 16.10.2025 is hereby set aside.

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