Madras High CourtCRP(MD)/2875/2025disposed of

Marimuthu v. Padmavathi

2025-10-14Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Marimuthu ... Petitioner Vs

1. Padmavathi,

2. The Sub Registrar-I, Madurai Road, Virudhunagar Town, Virudhunagar District.

3. Thangaselvi ... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to direct the Learned Subordinate Court, Virudhunagar to number the Execution Application in EA SR No.3589 of 2025 in EA No.3 of 2025 in EP No.14 of 2018 in OS No.7 of 2016 on the file of the Subordinate Court, Virudhunagar and take it on file and proceed in accordance with law and allow the present Civil Revision Petition. 1/4

For Petitioner : Mr. L. Prabhu, Advocate.

For Respondent : Mr.M.Siddharthan for R2 Additional Government Pleader

ORDER

This Civil Revision Petition is filed to direct the Learned Subordinate Court, Virudhunagar to number the Execution Application in EA SR No.3589 of 2025 in EA No.3 of 2025 in EP No.14 of 2018 in OS No.7 of 2016 on the file of the Subordinate Court, Virudhunagar and take it on file and proceed in accordance with law and allow the present Civil Revision Petition.

2. The petition filed by the petitioner has been returned originally on 13.08.2025 but seems to have been re-presented on 14.08.2025 without even making a remark on the return made by the Court. Again for the very same reason, return was made on 14.08.2025, 21.08.2025, 29.08.2025 and 08.09.2025. For each of the return made, the petitioner had not assigned any reasons as to how the petition should be maintainable, even though the petition filed under Order 21 Rule 90 of 2/4

CPC, had been returned. If such reasons are given by the petitioner, the Court below would have applied its mind on the said petition and have taken a decision with regard to the application filed by the petitioner.

3. In such view of the matter, this Court directs the petitioner to submit his remarks on the returns made by the Court below, indicating how the petition would be maintainable even though the petition under Order 29 Rule 90 of IPC, is returned. When such compliance is made, the Court below is directed to consider the said remarks and if the petition is maintainable, take the petition on record and then pass appropriate order on merits and in accordance with law.

4. With the aforesaid directions, this Civil Revision Petition stands disposed of. Registry is directed to return the original affidavit and petition filed in the Civil Revision Petition. No costs. 14.10.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn 3/4

K.KUMARESH BABU, J pnn To 1.The Sub Registrar-I, Madurai Road, Virudhunagar Town, Virudhunagar District.

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

ORDER

IN CRP(MD) No.2875 of 2025 Date : 14/10/2025 4/4