Angu Ayyappan v. C.Subramaniyam (Died) 1. Dhanamani,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.8235 of 2026

1. Angu Ayyappan S/O. Late S.Angu Raj, D.No.3, Mageshwari Nagar I, Thaneerpanthal, Peelamedu, Coimbatore - 641004.

Petitioner(s) Vs

1. C.Subramaniyam (Died) 1.

Dhanamani, W/o. (late) C. Subramaniyam, D.No.233, Ranga Samy Naidu Layout, Peelamedu, Coimbatore - 641006.

2.Vijayakumar S/o. (late) C. Subramaniyam, D.No.233, Ranga Samy Naidu Layout, Peelamedu, Coimbatore - 641006.

3.Prabhu S/o. (late) C. Subramaniyam, D.No.233, Ranga Samy Naidu Layout, Peelamedu, Coimbatore - 641006.

4.Amutha W/o. A.P. Jayapal, D.No.4, 1st Street, Duraisamy Naidu Layout, Avarampalayam, Coimbator 641 006.

5.P. Rangasamy (Died) 5. Poongothai W/o. Late. P. Rangasamy, D.No.44, VOC Colony, Peelamedu, Coimbatore 641 004.

6.Pradeep Raj S/o. Late. P. Rangasamy, D.No.44, VOC Colony, Peelamedu, Coimbatore 641 004.

Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to direct the Ld. Principal District Court, Coimbatore to number the Unnumbered CMA. CFR No.2796 of 2025 and to decide the said petition on merits and thus render justice.

For Petitioner(s):

MR.D.Akaash For Respondent(s):

ORDER

Before the Executing Court, the third party/revision petitioner filed an application E.A.No.3 of 2019 in E.P.No.77 of 2015, under Order XXI Rule 58 read with Section 141 and Section 151 of CPC, seeking recognition of his claim over the property. After hearing both sides, the said application was dismissed. Aggrieved by the same, the petitioner preferred a Civil Miscellaneous Appeal (CMA) before the Principal District Judge, Coimbatore.

2. However, the learned Principal District Judge, Coimbatore, did not take the appeal on file and returned the same, stating that the CMA was not properly valued and that such an appeal would not lie, though admittedly it arose out of an order passed by the Executing Court in a claim petition.

3. In view of the same, this Court directs the trial Court to take the CMA on file, subject to compliance with valuation requirements, if any. The respondents are at liberty to raise objections, if any.

4. The Registry is directed to return the original plaint within a period of one week, from the date of receipt of a copy of this order.

5. Accordingly, this revision is disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

06-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To

1. The Principal District Judge, Coimbatore.

2. The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri 06-04-2026