Palaniammal v. Muthusamy(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP.No. 2126 of 2022 and CMP.No. 10982 of 2022

1. Palaniammal

2. Ponnayal

3. Arumugam Petitioner(s) Vs

1. Muthusamy(Died) 2.Logaraj 3.Thangaraj Sole Respondent Died. Respondents 2 and 3 are brought on record as LRs of the deceased Sole Respondent Viz.Muthusamy vide Court order dated 13/06/2025 made in CMP Nos.4255 to 4257 of 2025 in CRP No.2126 of 2022 by PBBJ.

Respondent(s) PRAYER This Civil Revision petition has been filed under Article 226 of the Constitution of India seeking to set aside the fair and decretal order dated 20.04.2022 made in IA.No.01 of 2019 in OS.No. 43 of 2015 on the file of the Principal District Munsif, Tiruchengode, by allowing this Civil Revision Petition.

For Petitioner(s):

R.Marudhachalamurthy For Respondent(s):

M/s.P.Mani for RR2 & 3

ORDER

This civil revision petition has been filed against the order dated 20.04.2022 made in IA.No.01 of 2019 in OS.No. 43 of 2015 on the file of the Principal District Munsif, Tiruchengode

2. Heard the learned counsel for the parties.

3. There are two interim applications in the matter, I.A.Nos.1 and 2 of 2019. The grievance of the petitioner is that although the trial Court proceeded to enquire into I.A.No.2 of 2019 and ultimately dismissed it, I.A.No.1 of 2019 was also dismissed citing the very same reasons that were assigned for dismissal of I.A.No2 of 2019 without assigning independent or separate reasons for its dismissal.

4. I have gone through the order passed by the Trial Court.

5. It is also brought to my notice that the connected Revision in C.R.P.No.1635 of 2021 was allowed on 06.07.2022 and the order in I.A.No.2 of 2019 has been set aside on the very same ground and the matter has been remanded to the Trial Court for fresh consideration.

6. In view of the above, this Civil Revision petition is allowed and the matter is remanded to the Trial Court to decide the I.A.No.1 of 2019 along with I.A.No.2 of 2019 afresh, after affording a fair opportunity to the parties. At this juncture, the learned counsel for the respondents state that the parties are trying to amicably resolve the differences and disputes before the Trial Court. In such event, the parties shall make joint representation to the Trial Court to give sufficient time to enable the parties to reach settlement and if the settlement talks fail, thereafter I.A.Nos.1 and 2 of 2019 shall be heard on merits. No costs. Consequently, connected civil miscellaneous petition if any, is closed. 24-06-2025 RAP Index:Yes/No Speaking/Non-speaking order

To The Principal District Munsif, Tiruchengode

P.B.BALAJI J.

RAP CRP.No. 2126 of 2022 and CMP.No. 10982 of 24-06-2025