A.Renganathan v. A.N.Kumaresan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE N.SENTHILKUMAR CRP(MD).No. 377 of 2026 A. Renganathan ... Petitioner Vs A.N. Kumaresan ... Respondent PRAYER :- Civil Revision Petitions filed under Article 227 of the Constitution of India to set aside the order, dated 24.04.2025 of the learned Additional District Judge, Dindigul made in un numbered EA SR.No.6096 of 2024 in E.P.No.77 of 2018 in O.S.No.1 of 2016 and direct the learned Additional District Judge, Dindigul to take the petition on file and dispose of it.

For Petitioner : Mr. R. Sriram for Ms.P. Kalaiyarsi Bharathi

ORDER

This Civil Revision Petition has been filed challenging the return order dated 24.04.2025 made by the Court below in the unnumbered E.A. S.R. No.6096 of 2024 in E.P. No.77 of 2018 in O.S. No.1 of 2016 on the 1/4

file of the learned Additional District Judge, Dindigul.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The petitioner presented the above Execution Application, which was returned by the Court below on 25.11.2024 raising certain queries. Thereafter, the petitioner re-presented the papers after compliance. However, by endorsement dated 24.04.2025, the papers were once again returned, reiterating the objection regarding maintainability. Aggrieved by the repeated returns without numbering the application, the present Civil Revision Petition has been filed.

5. Considering the nature of the objections raised, this Court is of the view that the question of maintainability is a matter to be decided judicially after affording an opportunity of hearing to the petitioner and not by way of repeated returns at the stage of scrutiny.

6. Accordingly, the Court below is directed to take the 2/4

unnumbered E.A. S.R. No.6096 of 2024 on file, assign a number to the same, and decide the question of maintainability on merits after affording an opportunity of hearing to the revision petitioner and the appropriate orders shall be passed in accordance with law within a period of one month from the date of receipt of a copy of this order.

7. With the above direction, this Civil Revision Petition is disposed of. No costs.

19.02.2026 TRP Index : yes / no Internet: yes/ no Note : Registry is directed to return the original papers after substuting the xerox copy of the same.

TO Additional District Judge, Dindigul 3/4

N.SENTHILKUMAR, J., trp CRP(MD).No. 377 of 2026 19.02.2026 4/4