← Library
Madras High CourtCRP/3159/2025allowed

Edwin v. Thangavelu

2025-07-24Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.No.3159 of 2025 & CMP.No.17564 of 2025 Edwin ... Petitioner

Versus

1. Thangavelu

2. Minor Venu Represented by. Mother of the biological father Vz., Muthulakshmi and represented as guardian [Appointed via I.A.No.1124 of 2014 in I.A.No.897 of 2024 in O.S.No.278 of 2014]

3. C.Ramesh .. Respondents Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India to direct the Additional Subordinate Judge, Namakkal to number the unnumbered R.E.A.No.8776 of 2024 in R.E.A.No.05 of 2025 in R.E.P.No.87 of 2020 in O.S.No.278 of 2014.

For Petitioner : Mr.P.M.Vishnu Varthanan

ORDER

Challenging the Order of the trial Court returning of the application filed by the revision petitioner to restore the application filed in the Execution Petition, the present Civil Revision Petition has been filed.

2. An application has been filed by the guardian of the minor in the suit. The same has been returned on the ground that the cause title varies. It is the contention of the petitioner that the guardian appointed by the Court is not taking care of the minor's interest. Therefore, the revision petitioner being the maternal uncle of the minor, sought to be impleaded as the guardian of the minor. Hence, the present Civil Revision Petition.

3. Having regard to the submissions of the learned counsel appearing for the petitioner, let the trial Court number the application filed by the petitioner and consider the issue of appointing the petitioner as the guardian of the minor and decide the same on merits.

4. With the above directions, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. The registry is directed to return the original application filed by the petitioner. 24.07.2025 Index : Yes/No Internet : Yes/No vrc To, The Additional Subordinate Judge, Namakkal.

N.SATHISH KUMAR, J.

vrc C.R.P.No.3159 of 2025 24.07.2025