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Madras High CourtCMA(MD)/135/2025disposed of

S.K.Subadhra v. The State Of Tamil Nadu

2026-01-05Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.2105 of 2025 1.S.K.Subadhra, W/o. Kalyana Venkatarama Raja, 28, Thilagarpuram Main Road, Ambasamudhram, Tirunelveli District.

2.K.Manjula Devi D/o. Kalyana Venkatarama Raja, 28, Thilagarpuram Main Road, Ambasamudhram, Tirunelveli District.

3.Suganya, D/o. Kalyana Venkatarama Raja, 28, Thilagarpuram Main Road, Ambasamudhram, Tirunelveli District.

... Appellants/Petitioners/Plaintiffs Vs.

1.The State of Tamil Nadu Represented Through its Principal Secretary, Revenue and Disaster Department, Secretariat,Chennai.

2.The Commissioner of Land Administration, Chennai.

3. The Commissioner of Survey and Settlement, Chennai.

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4.The District Collector, Tirunelveli District.

5.The District Revenue Officer, Tirunelveli District.

6.The Thasildhar, Ambasamudram Taluk, Tirunelveli District.

7.The Commissioner, Ambasamudram Municipality, Tirunelveli District.

... Respondents/Respondents/ Respondents PRAYER : Civil Miscellaneous Appeal filed under Order 43 Rule 1 of CPC, 1908, to allow the Civil Miscellaneous Appeal by setting aside the Executable Order and Fair Order, dated 21.01.2025 made in I.A.No.3 of 2024 in O.S.No.54 of 2024 on the file of the 1st Additional District Judge, Tirunelveli.

For Appellant : Mr.V.Raghavachari Senior Counsel for Mr.S.Sakthi Siddharth For R1 to R6 : Mr.R.Baskaran Additional Advocate General assisted by Mr.P.Thambidurai Government Advocate For R7 : Mr.R.Baskaran Additional Advocate General assisted by Mr.S.Packiya Muthu 2/5

JUDGMENT

This Civil Miscellaneous Appeal is filed to set aside the Executable Order and Fair Order, dated 21.01.2025 made in I.A.No.3 of 2024 in O.S.No.51 of 2024 on the file of the learned 1st Additional District Judge, Tirunelveli.

2. When the matter is taken up for hearing today (05.01.2026), the learned counsel for both sides submitted that without going into merits of Civil Miscellaneous Appeal, a direction may be given to the trial Court for disposal of suit in O.S.No.51 of 2024 on merits, within a period of three months and to that effect, this Civil Miscellaneous Appeal may be disposed of. The learned Senior Counsel for the appellants further submitted that a petition in I.A.No.8 of 2025 seeking for amendment is pending before the trial Court and the same may be directed to be disposed on merits. The learned counsels for the respondents have not raised any objection.

3. Considering the submissions made by both side counsels, the trial Court is directed to dispose of pending Amendment Petition in I.A.No.8 of 2025 in O.S.No.51 of 2024 on merits within two weeks and further directed to dispose of the main suit in O.S.No.51 of 2024 on 3/5

merits after full trial within a period of three months from the date of receipt of a copy of this order. It is further directed that the trial has to be conducted day-to-day basis without giving any unnecessary adjournment, and both parties shall co-operate for the same.

4. Both parties are directed to maintain status-quo till the disposal of the suit.

5. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

05.01.2026 VSD To 1.The 1st Additional District Judge, Tirunelveli.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD Judgment made in and C.M.P(MD)No.2105 of 2025 05.01.2026 5/5