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Madras High CourtCRP/3635/2026disposed of

K.Rayappan (Died) 1.R.Banumathi v. K.Chenniyapapn (Died), Unnathal (Died), 1.K.Ganesan

2026-07-01Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND CMP NO. 15798 OF 2026 K.Rayappan (Died) 1.R.Banumathi 2.R.Sarojini 3.R.Subramanian ..Petitioners Vs K.Chenniyapapn (died) Unnathal (died) 1.K.Ganesan 2.K.Gunasekaran 3.K.Balasubramaniam 4.K.Velusamy 5.K.Vanithamani 6.Navamani 7.Santhanamani 8.R.Manimegalai 9.Loganathan 10.Tamilarasu ..Respondents Page No.1 of 6

Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to direct the learned District Munsif Court, Sulur to frame necessary issues including the issue as to limitation in O.S.No.144 of 2024.

For Petitioners:

Mr.Shangar Murali For Respondents:

Notice dispensed with

ORDER

This Civil Revision Petition has been filed to direct the District Munsif Court, Sulur to frame the issue of limitation in O.S.No.144 of 2024.

2. Since no adverse order is passed against the respondents in this revision, notice to the respondents is dispensed with by this Court.

3. The grievance of the petitioners in this revision is that, despite the petitioners having taken the plea of limitation, the District Munsif Court, Sulur, while framing the issues in O.S.No.144 of 2024 has failed to frame the issue of limitation. The petitioners claim that, by an earlier order passed by this Court as well as by the Hon'ble Supreme Court, the Page No.2 of 6

petitioners were permitted to raise the plea of limitation. The petitioners also claim that the Transfer OP has been filed by them before the Principal District Court, Coimbatore in Transfer O.P.No.329 of 2025 seeking transfer of suit in O.S.No.144 of 2024 from the file of District Munsif Court, Sulur to any other court. According to the petitioners, the Transfer OP is posted for orders on 13.07.2026, but despite the same, the learned District Munsif, Sulur is proceeding with the trial in the suit in O.S.No.44 of 2024.

4. Learned counsel for the petitioners would submit that the petitioners will be satisfied, if the proceedings before the District Munsif Court, Sulur is deferred till the disposal of the Transfer OP No.329 of 2025 on the file of the Principal District Court, Coimbatore. This Court is not expressing any opinion on the merits of the petitioners' case. However, since the transfer OP has already been filed by the petitioners seeking transfer of suit, the District Munsif Court, Sulur will have to await for the outcome of the Transfer OP No.329 of 2025, pending on the file of the Principal District Court, Coimbatore. Page No.3 of 6

5. No prejudice would be caused to any other parties, if a direction is issued to the District Munsif Court, Sulur to defer the further proceedings in the suit in O.S.No.144 of 2024, till the disposal of Transfer OP No.329 of 2025, pending on the file of the Principal District Court, Coimbatore.

6. Accordingly, this Civil Revision Petition is disposed of by directing the District Munsif Court, Sulur to defer the proceedings in O.S.No.144 of 2024 till the disposal of Transfer O.P.No.329 of 2025, pending on the file of the Principal District Court, Coimbatore, which is scheduled for passing orders on 13.07.2026. Depending upon the outcome of the Transfer OP No.329 of 2025, pending on the file of the Principal District Court, Coimbatore, it is made clear that the District Munsif Court, Sulur shall proceed with the suit in O.S.No.144 of 2024. No costs. Consequently, the connected miscellaneous petition is closed. 01-07-2026 sp Page No.4 of 6

To 1.The District Munsif Court, Sulur.

2.The Principal District Court, Coimbatore.

Page No.5 of 6

ABDUL QUDDHOSE J.

sp AND CMP NO. 15798 OF 2026 01-07-2026 Page No.6 of 6