Narayanan, v. Packiyam (Died), Nagalakshmi (Died), 1.M.Latha,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2026

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P(MD).No.6717 of 2026 Narayanan ... Petitioner Vs.

Packiyam (died) Nagalakshmi(died) 1.M.Latha 2.Minor Archana 3.Minor Kamesh 4.M.Muthu Bharathi (R2 & R3 are rep., through their mother and Natural Guardian /1st respondent) ... Respondents PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, to call for the records relating to the fair and ex-order passed in I.A.No.2 of 2024 in O.S.No.29 of 2015 dated 09.06.2025 on the file of the V Additional District Court, Madurai, and to set aside the same as illegal. For Petitioner : Mr.S.Mohamed Kadhar

ORDER

This revision challenges the order passed by the trial Court under Order 9 Rule 9 of the Code of Civil Procedure. The learned Judge ought not to have numbered an application under Order 9 Rule 9, when the main 1/3

application under Section 5 of the Limitation Act had not yet been disposed of. This Court has admitted C.R.P(MD).No.1421 of 2026. In the event of C.R.P.(MD).No.1421 of 2026 being allowed, only then the question of considering an application under Order 9 Rule 9 would arise. Hence, this Civil Revision Petition is considered as unnecessary for the present. Accordingly, the same is closed. In the event that C.R.P(MD).No.1421 of 2026 is allowed, it is open to the petitioner to revive this proceeding and seek for conversion into a Civil Miscellaneous Appeal. No costs. Consequently, connected Miscellaneous Petition is closed. 10.06.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Rmk To 1.V Additional District Court, Madurai.

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

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V.LAKSHMINARAYANAN,J.

Rmk 10.06.2026 3/3