S.Rajavelu, v. K.Mohan,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-03-2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI in CRP.No.601 of 2026
1. S.Rajavelu, S/o.Settiya Gounter, 112/3, Nanjankadu, Palanaickenpalayam, Chikkanaickenpalayam Village, Kokkarayanpettai Post, Cauvery R.S., Erode -638 007.
Appellant(s) Vs
1. K.Mohan, S/o.Kuppusamy, 4/209, Kattuvalavu, Ramanathapuram, Kokkarayanpettai Village and Post, Komarapalayam Taluk, Namakkal District.
Settiya Gounder (Died) 2.Chinnusamy S/o.Chettiyanna Gounder, 468, Gandhi Nagar, Devanangkuruchi Village, Devanangkuruchi Post, Tiruchengode Taluke, Nammakkal District.
3.Madheswaran S/o.Sengodan, Veppankadu, Thatchankattupalayam, Thokkavdi 4.Ramasamy S/o.Nallagounder, Kosavankadu,
Seramittampalayam, Devanankurichi 5.P. Ponnusamy S/o.Pitchaimuthu Gounder, 74/4A, Ponni Nagar, Velur Town, Paramathi Taluk, Nammakkal District.
6.P. Saraswathi W/o.P.Ponnusamy, 74/4A, Ponni Nagar, Velur Town, Paramathi Taluk, 7.Ponni Sugar Mills (Erode) Ltd, Represented by its General Manager, Pallipalayam, Cauvery R.S., Erode -638 007.
Respondent(s) PRAYER Civil Miscellaneous petition filed under Section 151 of Code of Civil Procedure, prays to vacate the interim stay granted on 12.02.2026 in CRP.No. 601 of 2026.
For Appellant(s):
B.S.Manikandan For Respondent(s):
Mr.M.Santhanaraman for R1 Batta Due R2 to R7
ORDER
The petitioner has filed this petition to vacate the interim stay granted by this Court on 12.02.2026 in CRP.No. 601 of 2026.
2. The suit is of the year 2008. The eighth defendant, who had earlier obtained a stay order, filed a Civil Revision Petition, CRP.No.601 of 2025 and secured an order of stay. Aggrieved by the same, the present petitioner has filed this Civil Miscellaneous Petition.
3. The learned counsel for the petitioner submitted that the revision petitioner has no right to continue the stay proceedings and lacks locus standi to file the present revision, as he has already sold the property on 30.03.2022. He further contended that, during the pendency of the suit for partition, he had purchased a portion of the property and thereafter approached the Court with regard to other issues. However, as on date, he has also sold the said portion to a third party.
4. Subsequently, the plaintiff filed an amendment application seeking cancellation of the document in the pending suit. The said application was allowed, against which the revision petitioner preferred a CRP.No.601 of 2026 and obtained an order of stay. Due to the said stay, the trial court has been unable to proceed with the suit.
5. Considering the above, the petitioner now seeks to vacate the stay. The reasons assigned are found to be justifiable, particularly in view of the fact that the suit, instituted in the year 2008, has not progressed for several years due to the stay obtained by the revision petitioner, who is only a subsequent purchaser pendente lite. After such purchase, he ought to have worked out his remedies along with his vendor, who is one of the defendants in the suit. Therefore, the reasons assigned by the petitioner are sustainable. Accordingly, the stay order passed on 12.02.2026 in CRP.No.601 of 2026, is vacated.
6. This Civil Miscellaneous petition is allowed.
7. Post the CRP.No.601 of 2026 on 16.04.2026, for final hearing. 18-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
To 1.K.Mohan, S/o.Kuppusamy, 4/209, Kattuvalavu, Ramanathapuram, Kokkarayanpettai Village and Post, Komarapalayam Taluk, Namakkal District. Settiya Gounder (Died) 2.Chinnusamy S/o.Chettiyanna Gounder, 468, Gandhi Nagar, Devanangkuruchi Village, Devanangkuruchi Post, Tiruchengode Taluke, Nammakkal District.
3.Madheswaran S/o.Sengodan, Veppankadu, Thatchankattupalayam, Thokkavdi 4.Ramasamy S/o.Nallagounder, Kosavankadu, Seramittampalayam, Devanankurichi 5.P. Ponnusamy S/o.Pitchaimuthu Gounder, 74/4A, Ponni Nagar, Velur Town, Paramathi Taluk, Nammakkal District.
6.P. Saraswathi W/o.P.Ponnusamy, 74/4A, Ponni Nagar, Velur Town, Paramathi Taluk, 7.Ponni Sugar Mills (Erode) Ltd, Represented by its General Manager, Pallipalayam, Cauvery R.S., Erode -638 007.
T.V.THAMILSELVI J.
rri in CRP.No.601 of 2026 18-03-2026