← Library
Madras High CourtCRP(MD)/2672/2025dismissed

M.R.P.Rajendran v. Dhanushkodi

2025-09-25Honourable Mr Justice K.Kumaresh Babu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2025

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P(MD)Nos.15735 and 15800 of 2025 C.R.P(MD)No.2672 of 2025 M.R.P.Rajendran ... Petitioner/Petitioner/ Plaintiff Vs.

1.Dhanushkodi Perumalsamy Naidu (Died) Alagammal (Died) 2.Amirthakala 3.Ramanujam 4.Dhanalakshmi 5.Sabari

...Respondents/Respondents/

Defendants 1, 4 to 7 PRAYER: Civil Revision Petition is filed under Section 227 of Constitution of India, to set aside the common Ex-order and fair order passed in I.A.No.21 of 2025 in O.S.No.214 of 2009 dated 30.07.2025 on the file of the Principal District Munsif Court, Tirumangalam and to allow the same.

For Petitioner : Mr.S.Ramki 1/6

C.R.P(MD)No.2683 of 2025 M.R.P.Rajendran ... Petitioner/Petitioner/ Plaintiff Vs.

1.Dhanushkodi Perumalsamy Naidu (Died) Alagammal (Died) 2.Amirthakala 3.Ramanujam 4.Dhanalakshmi 5.Sabari

...Respondents/Respondents/

Defendants 1, 4 to 7 PRAYER: Civil Revision Petition is filed under Section 227 of Constitution of India, to set aside the common Ex-order and fair order passed in I.A.No.22 of 2025 in O.S.No.214 of 2009 dated 30.07.2025 on the file of the Principal District Munsif Court, Tirumangalam and to allow the same.

For Petitioner : Mr.S.Ramki COMMON ORDER The instant civil revision petitions have been filed to set aside the common Ex-order and fair order passed in I.A.Nos.21 and 22 of 2025 in O.S.No.214 of 2009 dated 30.07.2025 on the file of the Principal District Munsif Court, Tirumangalam.

2/6

2. The learned counsel for the petitioner submits that the petitioner had filed applications seeking to refer the documents filed on his side dated 06.05.1992, for determination of stamp duty and to permit him to pay stamp duty along with penalty and to reopen the trial in the case. He submits that the Trial Court, without considering the claim of the petitioner had held that such documents could not be impounded and sent for determination of stamp duty, as neither the partition deed nor the list of properties mentioned therein are not in clarity. He submits that the same could have been sent for determination of stamp duty and thereafter the Court could have decided on merits. Therefore, he prays this Court to set aside the orders impugned in these revisions.

3. I have considered the submission made by the learned counsel for the petitioner and perused the materials available on record.

4. The Court below noted in its order that the suit was filed in the year 2009 and that the trial was completed as early as on 05.02.2025 and thereafter, the matter had been repeatedly adjourned for arguments. The 3/6

Court below also given a categorical finding that the nature of the document does not disclose any transfer of property by way of partition and that the list of properties mentioned therein are not clear, which do not necessitate impounding the document and sending the same for determination of stamp duty, as the registering authority cannot determine the value of the property as per the document. Even though no substantial grounds have been raised as to how the impugned order suffers from infirmity. As rightly pointed out by the Court below, the suit is of the year 2009 and there is no reason attributed by the petitioner as to why there has been so much delay that too when the trial had concluded only in the month of February 2025.

5. Hence, I do not find any merits in the civil revision petitions and accordingly, the civil revision petitions stand dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

6. Considering the fact that the suit was filed as early as in the year 2009, the learned Principal District Munsif, Tirumangalam is directed to 4/6

dispose of the suit in O.S.No.214 of 2009, within a period of three months from the date of receipt of a copy of this order. 25.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Principal District Munsif Court, Tirumangalam 2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

5/6

K.KUMARESH BABU ,J.

SN 25.09.2025 6/6