Dharmachand (Deceased) 1. D. Goutham Chand v. Arulmighu Ekambareswarar Thirukoil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 5980 OF 2026 Dharmachand (Deceased) Kamalakumari (demised)

1. D. Goutham Chand S/o. Dharamchand, O.No.41, N.No.33, Pulla Avenue, Shenoy Nagar, Chennai 030.

2.V. Indrani D/o. Dharamchand, O.No.41, N.No.33, Pulla Avenue, Shenoy Nagar, Chennai 030.

3.D. Suresh S/o. Dharamchand, O.No.41, N.No.33, Pulla Avenue, Shenoy Nagar, Chennai 030.

4.M. Manjula D/o. Dharamchand, O.No.41, N.No.33, Pulla Avenue, Shenoy Nagar, Chennai 030.

5.N. Vimala D/o. Dharamchand, O.No.41, N.No.33, Pulla Avenue, Shenoy Nagar, Chennai 030.

..Petitioner(s) Vs

1.Arulmighu Ekambareswarar Thirukoil Rep. by its Executive Officer, Aminjikarai, Chennai - 600029.

2.D. Saroja D/o. Dharamchand, O.No.41, N.No.33, Pulla Avenue, Shenoy Nagar, Chennai 030.

..Respondent(s) PRAYER Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the order dated 01.09.2025 made in IA No.1 of 2023 in OS No.2485 of 2007 on the file of the XVII Assistant City Civil Court, Chennai by allowing this CRP.

For Petitioner(s):

Mr.S.Abhijeet Krishna for Mr.E.Ganesh

ORDER

Challenging the impugned order passed in I.A.No.1 of 2023 in O.S.No.2485 of 2007 by the learned XVII Assistant Judge, City Civil Court, Chennai, the Revision Petitioner/defendants 2, 3 and 5 to 9 have preferred this Civil Revision Petition.

2. Since the relief is claimed challenging the order passed by the trial judge, notice to the respondents is dispensed with.

3. Before the trial court, the Revision Petitioners/defendants 2,3 and 5 to 9 have filed an application to permit them to file additional written statement after the remand, but the court below dismissed the said application. Aggrieved over the said findings, they have preferred this Civil Revision Petition.

4. After the remand, the parties to be given necessary opportunity to submit their defence. Therefore, it is just and necessary to permit them to file additional written statement, but the court below erroneously dismissed the application. Therefore, this Court is inclined to set aside the findings rendered in I.A.No.1 of 2023 in O.S.No. 2485 of 2007 by the XVII Assistant Judge, City Civil Court, Chennai. Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 12-03-2026 Index: Yes/No Speaking/Non-speaking order RPP To The XVII Assistant Judge, City Civil Court, Chennai.

T.V.THAMILSELVI J.

RPP AND CMP NO. 5980 OF 2026 12-03-2026