Madras High CourtCRP/6464/2025disposed of

C.A.Ganesan v. G.Samanthakam

2025-12-16Honourable Mr.Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR C.M.P.No.31917 of 2025 C.A.Ganesan Petitioner(s) Vs

1. G.Samanthakam 2.M.P.Mani 3.Uthamchand 4.Dhirajmal 5.Vikram 6.Hashmuk 7.Kanthilal 8.Mahendra Kumar Baid 9.Kanta 10.S.Ramesh Kumar

11.S.Premakumari 12.Oletti Sakunthala Respondent(s) PRAYER:- Civil Revision Petition filed Article 227 of Constitution of India, pleased to set aside the return order dated 28.11.2025 passed in I.A.Sr.No.86012 of 2025 in OS.No.551 of 2023, on the file of the XI Assistant Judge, City Civil Court at Chennai, and consequently direct the XI Assistant Judge, City Civil Court at Chennai, take the IA.Sr.No.86012 of 2025 in OS.No.551 of 2023 on file and the number the I.A. and thus allow the Civil Revision Petition. For Petitioner(s):

M/s.G.Sumitra

ORDER

The Civil Revision Petition is filed challenging the order passed by the trial Court in I.A.Sr.No.86012 of 2025 in O.S.No.551 of 2023. 2.The petitioner herein filed an application under Section 10 r/w 151 of Civil Procedure Code, seeking stay of the suit in O.S.No.551 of 2023 pending disposal of the application in A.No.3861 of 2024 in C.S.No.567 of 1949. The said application was returned by impugned order by the trial Court by relying on the earlier order passed in I.A.No.4 of 2025. 3.If the papers are returned by the Court, the petitioner is expected to represent the same offering his explanation and he is not entitled to rush to this

Court by invoking supervisory power under Article 227 of the Constitution of India.

4.Therefore, the Civil Revision Petition is disposed of with a direction to the petitioner to represent the papers offering his explanations before the trial Court within a period of two weeks from the date of receipt of copy of this order. If the trial Court is satisfied with the explanations offered by the petitioner, I.A., shall be numbered. If the Court is not satisfied with explanation offered, the matter shall be called in open Court and the petitioner shall be given an opportunity to put forth his case and then order shall be passed on merits. Consequently, connected miscellaneous petition is closed. No costs. 16-12-2025 ep Index:Yes/No Speaking/Non-speaking order Internet:Yes To XI Assistant Judge, City Civil Court.

Chennai.

S.SOUNTHAR J.

ep 16-12-2025