Madras High CourtCRP(MD)/353/2026dismissed

Saraswathi v. Palanichamy Gounder

2026-03-09Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED : 09.03.2026

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN C.R.P.(MD)No.353 of 2026 & C.M.P.(MD)No.1608 of 2026 Saraswathi ... Petitioner vs.

1.Palanichamy Goundar 2.Kandasamy Goundar Chinnappa Goundar (Died) 3.P.Rajendran P.Kaliappan (Died) 4.P.Kandasamy 5.C.Kaliappan 6.C.Dhandapani Muthammal (Died) 7.K.P.Dhandapani 8.Nachammal 9.Chinnasamy

10.Ponnathal 11.Kaleeswari 12.M.K.Karthigai Vel 13.M.K.Selvan 14.M.K.Vellaithai ... Respondents PRAYER: Civil Revision Petition is filed under Section 115 of Code of Civil Procedure, to set aside the fair and decreetal order passed by the District Munsif Court, Oddanchatram, in E.A.No.15 of 2025 in E.P.No.7 of 2023, dated 07.11.2025.

(Prayer amended vide order of this Court dated 09.03.2026 in C.M.P. (MD)No.2267 of 2026 in C.R.P.(MD)No.353 of 2026) For Petitioner :

Mr.S.Krishnan For Respondents :

Ms.V.Muthumani for R1 No appearance for R2 to R4 & R6 to R14

O R D E R

This Civil Revision Petition challenges the order passed by the learned District Munsif, Oddanchatram in E.A.No.15 of 2025 in E.P.No.7

of 2023, dated 07.11.2025 and thereby dismissing the application filed by the petitioner under Order XXI Rule 97 of the Code of Civil Procedure.

2. Though the learned counsel for the petitioner urges on the merits of the application, I have to point out, in terms of Order XXI Rule 103 of the Code of Civil Procedure, any order passed under Order XXI Rule 98 or 100 is subject to an appeal, as if it were a decree.

3. The learned counsel for the petitioner states that the application has been filed under Order XXI Rule 97 and not under Order XXI Rule

98. While the submission might look interesting, an application filed under Order XXI Rule 97 is adjudicated under Order XXI Rule 98. Similarly, an application filed under Order XXI Rule 99, is adjudicated under Order XXI Rule 100.

4. The petitioner has the right of appeal to challenge the order passed by the learned District Munsif, Oddanchatram. When an appeal lies, a revision is not maintainable. Hence, the Civil Revision Petition is dismissed with a liberty to the petitioner to file an appeal against the

impugned order in this revision. Needless to add, the period spent during the pendency of this revision, will stand excluded. No costs. Consequently, connected Miscellaneous Petition is closed. 09.03.2026 (2/2) NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi Note to the Registry: The original of the impugned order shall be returned to the learned counsel for the petitioner forthwith after getting usual endorsement, to enable him to prefer an appeal.

To The learned District Munsif, Oddanchatram.

V.LAKSHMINARAYANAN, J.

mbi 09.03.2026 (2/2)