Usharani, v. Tamizharasi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD) No.309 of 2023 Usharani ... Petitioner Vs 1.Tamizharasi, 2.R.Thiyagarajan (Died) 3.Mallika 4.Uma Maheswari 5.Sathya 6.Moohambigai 7.Srinivasan (R3 to R7 have been impleaded vide order dated 01.09.2025) ... Respondents PRAYER :-Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the order of dismissal dated 29.07.2022 in E.A. No.11/2020 in E.P. No.51/2019 in O.S. No.266/2015 on the file of the Additional Subordinate Judge, Thanjavur. 1/5

For Petitioner : Ms.S.Vijayashanthi For R1 : Mr.A.Senthil Kumar For R3 to R7 : Ms.B.Soniya legal aid counsel

ORDER

This Civil Revision Petition has been filed challenging the order dated 29.07.2022 made in E.A.No.11 of 2020 in E.P.No.51 of 2019 in O.S.No.266 of 2015 on the file of the learned Additional Subordinate Judge, Thanjavur.

2.When the matter is taken up for hearing, the learned legal aid counsel for the respondents 3 to 7 would submit that as against the order impugned herein, the petitioner has an appellate remedy under Order 21 Rule 58 of CPC and without exhausting the appellate remedy available to the petitioner, she has come before this Court. 3.The learned counsel for the petitioner also concedes with the submission of the learned legal aid counsel for the respondents 3 to 7. 4.In view thereof, the Civil Revision Petition stands disposed of with liberty to the petitioner to avail the appellate remedy available in 2/5

accordance with law. The concerned Court/authority shall exclude the period, during which, the Civil Revision Petition was pending. No costs. Consequently, connected Miscellaneous Petition is closed. 5.This Court places on record its appreciation for the commendable efforts of the legal aid counsel for the respondents 3 to 7, namely, B.Soniya, for conducting the case diligently and providing valuable assistance to this Court. The High Court Legal Services Committee attached to this Bench shall pay a total sum of Rs.10,000/- towards remuneration to the legal aid counsel for the respondents 3 to 7 for conducting the case, within a period of two weeks from the date of receipt of a copy of this order, without fail. 6.Registry is directed to forward a copy of this order to the Legal Aid Committee for information.

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Note : Registry is directed to return the original papers, if any, after getting necessary acknowledgment from the learned counsel for the petitioner.

To The Additional Subordinate Judge, Thanjavur.

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N.SENTHILKUMAR, J.

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