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Madras High CourtCRP(MD)/159/2026disposed of

Essakki @ Esakkimuthu v. Prakash

2026-01-22Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.01.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR C.R.P(MD). No.159 of 2026 Essakki @ Esakkimuthu ... Petitioner Vs 1.Prakash 2.Logasudharsan 3.Lingam ... Respondents PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 03.06.2025 passed in unnumbered O.S.S.R.No.2455 of 2025 on the file of the Principal District Court, Thoothukudi and further directing the learned Principal District Judge, Thoothukudi, to take on file and allow this Civil Revision Petition.

For Petitioner : M/s.K.Swathini 1/4

ORDER

This Civil Revision Petition has been filed challenging the fair and decreetal order, dated 03.06.2025 passed in unnumbered O.S.S.R.No. 2455 of 2025 on the file of the Principal District Court, Thoothukudi and to number the same.

2. The trial Court has rejected the plaint filed by the revision petitioner stating that no valid and enforceable contract between the parties.

3. The learned counsel for the revision petitioner submits that the impugned suit for specific performance is not with respect to a contract of sale. Further, if there is improper valuation of the suit, the plaint ought to have been returned and not rejected. However, the learned Judge, has rejected the plaint on the ground of payment of Court fees under Section 42(a) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955, is unacceptable.

4. Considering the submissions made by the learned counsel for the revision petitioner, the learned Principal District Judge, Thoothukudi, 2/4

is directed to hear the O.S.SR.No.2455 of 2025 on maintainability and pass orders within a period of one month from the date of receipt of a copy of this order. No costs.

Speaking : Yes / No 22.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To 1.The Principal District Court, Thoothukudi.

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

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N.SENTHILKUMAR, J.

Indu 22.01.2026 4/4