H.Senthal Mohideen v. U.Vahab @ Abdul Vahab

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.13848 of 2025 H.Senthal Mohideen

...Petitioner

Vs.

U.Vahab @ Abdul Vahab

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to direct the Additional District Court (FTC), Theni to number the unnumbered I.A.No. /2025 in I.A.No.01 of 2024 in O.S.No.100 of 2024, pending on his file and to proceed with the same in accordance with law. For Petitioner : Mr.R.Suriya Narayanan

O R D E R

This petition has been filed seeking to direct the Additional District Court (FTC), Theni to number the unnumbered I.A.No. /2025 in I.A.No.01 of 2024 in 1/4

O.S.No.100 of 2024, pending on his file and to proceed with the same in accordance with law.

2.Learned Counsel for the petitioner would submit that the petitioner filed a suit for specific performance as against the respondent / defendant in O.S.No.100 of 2024, on the file of the (*)Additional District Court, (FTC) Theni, in which the petitioner also filed I.A.No.1 of 2024, for interim injunction restraining the defendant not to alienate the property. Thereafter, the trial Court granted an order of status quo on 03.02.2025. However, I.A.No.1 of 2024 was wrongly typed as I.A.No.1 of 2025, for which the petitioner filed unnumbered I.A.No. /2025, for rectification. However, the same was returned and again re-presented but no order was passed. Hence, the present Civil Revision Petition has been filed. 3.Since no adverse orders are passed in the present Civil Revision Petition, notice to the respondent is dispensed with.

4.Considering the facts and circumstances of the case, there shall be a direction to the Additional District Court (FTC), Theni, to number the unnumbered I.A. for rectification of the error and dispose of the same. 2/4

6.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 7.The Registry is directed to return the original I.A. petition affidavit, enabling the petitioner to re-present the same before the trial Court. Sd/- 21.08.2025 (*)Amended as per order of this Court dated 28/08/2025 Sd/- Assistant Registrar ( CO ) // True Copy // /08/2025 Sub Assistant Registrar (CS- I/ II / III / IV) MR To 1.The Additional District Court (FTC), Theni.

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

3/4

(To Return the original I.A.Petition affidavit to the Petitioner after retaining the copy of the same in the Court Record by Monday ie., 01.09.2025) +1 CC to M/s.R.SURIYANARAYANAN, Advocate ( SR-53575[F] dated 22/08/2025 ) 21.08.2025 JJ/01.09.2025 4 P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4