Madras High CourtCRP(MD)/917/2026dismissed

A. Saranya, v. Jeyalakshmi,

2026-04-06Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2026

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD)No.4250 of 2026 A.Saranya ... Petitioner vs.

Jeyalakshmi ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the impugned fair and decreetal order passed in I.A.No.1 of 2025 in O.S.No.203 of 2024, dated 02.12.2025 on the file of the Principal Sub Court, Palani, Dindigul District and allow the Civil Revision Petition.

For Petitioner : Mr.A.Vadivel

O R D E R

Heard Mr.A.Vadivel, for Civil Revision Petitioner/defendant.

2. This revision challenges the order of the learned Principal Subordinate Judge, Palani, Dindigul District in allowing the application for attachment.

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3. An application for attachment, when allowed, is susceptible for an appeal under Order XLIII Rule 1(q) read with Section 104 of the Code of Civil Procedure. The judgment relied upon by Mr.A.Vadivel in Su.Sabanayagam vs K.Selvaraj, C.R.P.No.1762 of 2025, dated 08.08.2025 shows that it was a case where the plaintiff preferred a revision against the dismissal of an application filed under Order XXXVIII Rule 5. The present petitioner is the defendant, and hence, the said judgment would not factually apply to him. Furthermore, the learned Judge who dealt with the matter in the aforesaid case, did not go into the question of maintainability at all.

4. As an appeal is maintainable, I am not inclined to entertain the revision. Hence, this Civil Revision Petition is dismissed with liberty to prefer an appeal. Needless to add, the period spent in prosecuting the revision will stand excluded, in case, the defendant prefers an appeal before the appropriate Court. No costs. Consequently, the connected miscellaneous petition stands closed. Index :Yes / No 06.04.2026 Internet :Yes / No NCC :Yes / No Nsr 2/4

Note to the Registry: The original of the certified fair and decreetal order filed along with the revision shall be returned to the Counsel on record after retaining the copy thereof and upon making the usual endorsement.

To:

The Principal Sub Court, Palani, Dindigul District. 3/4

V.LAKSHMINARAYANAN, J.

Nsr Order made in C.R.P(MD)No.917 of 2026 06.04.2026 4/4