K.M.Kumarasamy v. K.Chinna Planisamy (Died) 1.P.Devaki

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 30053 OF 2025

1. K.M.Kumarasamy S/o.V.Maruthappa Gounder, Door No.99, Marudappa Gounder Street, Vedapatti Post, Coimbatore 641 007

2. K.M.Dhandapanai S/o.V.Maruthappa Gounder, Door No.76, Marudappa Gounder Street, Vedapatti Post, Coimbatore 641 007 Petitioner(s) Vs

1. K.Chinna Planisamy (Died) 1.P.Devaki W/o. K.Chinna Palanisamy, D/o.

R.Kalaivani, New D.No. 68 and Old No. 47, Arasamarathuvayal, Keelchithirai Chavadi Village, Vedapatti Post, Coimbatore-07.

2.R.Kalaivani W/o. RaviKumar, Kurga Nagar, Theethipalayam Post, Siruvani Main Road, Coimbatore-10.

3.C.Sukumar S/o. K.Chinna Palanisamy, New D.No.

68 and Old No. 47, Arasamarathuvayal, Keelchithirai Chavadi Village, Vedapatti Post, Coimbatore-07.

Respondent(s)

PRAYER To pass an order allowing this Revision petition by setting aside the fair and final order passed in IA No. 3 of 2024 in OS No. 2117 of 2014 dated 24.07.2025 on the file of the Honourable IV Additional District Munsif Court, Coimbatore. For Petitioner(s):

M/s.P.R.Ramesh Babu R.Narain Kalicharan For Respondent(s):

M/s.I.Abrar Md Abdullah S.Saravana Kumar C.Gunasekaran For Rr1 To R3

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and final order passed in IA No. 3 of 2024 in OS No. 2117 of 2014 dated 24.07.2025 on the file of the Honourable IV Additional District Munsif Court, Coimbatore.

2. The brief facts of the case:

The petitioners herein filed IA No. 3 of 2024 in OS No. 2117 of 2014 on the file of the IV Additional District Munsif Court, Coimbatore, seeking to stay the trial of OS No. 2117 of 2014 till disposal of the second appeals in S. A Nos. 108 & 109 of 2021 pending before this Court. Upon hearing both sides, the Trial Court dismissed the application by holding that effective and appropriate remedy before the High Court and without exhausting such remedy the petitioners cannot invoke Section 10 of CPC. Challenging the same, the

petitioners filed this petition.

3. Heard both sides.

4. There was suit pending between the petitioners and the respondents from the year 2005 and thereafter suit was filed for the same property between the same parties. Hence, the suit pending on the file of the IV Additional District Munsif Court, Coimbatore in OS No. 2117 of 2014 is ordered to be stayed till disposal of S. A Nos. 108 & 109 of 2021 pending before this Court. Accordingly, this Civil Revision is disposed of. No Costs. Pending Petition, if any, is/are closed.

05-03-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The IV Additional District Munsif Court, Coimbatore

2. The Section officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl AND CMP NO. 30053 OF 2025 05-03-2026