Madras High CourtCRP(MD)/72/2026dismissed

V.Nadesan v. M.Siva Perumal

2026-01-20Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.01.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR C.R.P(MD). No.72 of 2026 and C.M.P(MD) No.396 of 2026 1.V.Nadesan 2.R.Selvaganesan 3.N.Dharmarajan ... Petitioners Vs 1.M.Siva Perumal 2.P.Ravi President, Temple Construction Committee, North Street, Mathaganeri, Palavoor Part II Village, Chembikulam Post, Radhapuram Taluk, Tirunelveli District.

3.The President, Sriman Narayanasamy Thirukovil, Nirvaga Sangam, Mathaganeri, Palavoor Part II Village, Chembikulam Post, Radhapuram Taluk, Tirunelveli District.

... Respondents 1/4

PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the fair and decreetal order dated 05.08.2025 passed in I.A.No.6 of 2023 in O.S.No.7 of 2020 on the file of the learned Principal District Munsif, Valliyoor, Tirunelveli District and to set aside the same by allowing the CRP. For Petitioners : Mr.V.Sasi Kumar

ORDER

The present Civil Revision Petition has been filed challenging the fair and decretal order dated 05.08.2025 passed in I.A.No.6 of 2023 in O.S.No.7 of 2020 on the file of the learned Principal District Munsif, Valliyoor, Tirunelveli District.

2. An application was filed before the trial Court under Order XXIII Rule 1(3) of the Code of Civil Procedure seeking permission to withdraw the suit with liberty to file a fresh suit on the same cause of action. The trial Court found that the entire temple building had already been demolished on 05.02.2020 with the permission of the District Collector, Tirunelveli, and Thiruvaduthurai Adhinam. This fact was specifically pleaded in the written statement filed by the respondents as 2/4

early as on 12.07.2022. Despite the same, the petitioner did not take any steps either to amend the plaint, withdraw the suit or choose not to press the suit.

3. Upon careful consideration of the order passed by the trial Court and the submissions advanced on behalf of the petitioners, it is evident that the entire cause of action had come to an end on 05.02.2020 and nothing survives for further adjudication.

4. Hence, this Civil Revision Petition is dismissed for want of merits. Consequently, the connected Miscellaneous Petition is closed. No costs.

Speaking : Yes / No 20.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu 3/4

N.SENTHILKUMAR, J.

Indu 20.01.2026 4/4