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Madras High CourtCRP/3050/2026disposed of

C.Vijayalakshmi, v. M.Palanisamy,

2026-06-05Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE

1. C.Vijayalakshmi

2. K.Sivakumar

3. Jayalakshmi ..Petitioner(s) Vs

1. M.Palanisamy

2. Manju

3. P.Arumugam ..Respondent(s) PRAYER - This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the docket order dated 27.11.2025 passed in O.S.(SR).No.3583 of 2025, on the file of Sub Court, Coimbatore, by allowing this Civil Revision Petition in directing to number the suit. For Petitioner(s):

Mr.S.Lakshmi Narayanan

O R D E R

This Civil Revision Petition has been filed challenging the docket order dated 27.11.2025 passed in O.S.(SR).No.3583 of 2025 on the file of the Sub Court, Coimbatore.

2.Under the impugned docket order, the suit filed by the petitioners against the respondents has been returned, holding that the suit is not

maintainable. However, as seen from the impugned docket order, it is not a speaking order. The contentions of the petitioners as raised in this Civil Revision Petition with regard to maintainability of the suit have not been considered by the Trial Court by passing a speaking order. 3.In view of the same, this Civil Revision Petition is disposed of by remanding the matter to the Trial Court for fresh consideration with regard to maintainability of the suit, after hearing the contentions of the petitioners and by passing a speaking order. The Trial Court is directed to list the suit in O.S. (SR).No.3583 of 2025 for maintainability on 19.06.2026. The petitioners shall argue the matter on that date without fail, with regard to maintainability of the suit.

The Trial Court if it finds that the suit is not maintainable, will have to pass a speaking order after giving due consideration to the contentions of the petitioners, on maintainability. If the Trial Court finds that the suit is maintainable, the Trial Court shall number the suit and issue summons to the respondents. The Registry of this Court shall return the original plaint to the petitioners, so as to enable the petitioners to represent the same before the Trial Court. No costs.

05-06-2026 Index: Yes/No GSA

To The Subordinate Judge, Coimbatore.

ABDUL QUDDHOSE, J.

GSA 05-06-2026