Kamaleswaran v. Chennikulam Reddiyar Samuthaya Sangam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2026

CORAM

THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and C.M.P(MD) No.19643 of 2025 Kamaleswaran ... Petitioner Vs.

1.Chennikulam Reddiyar Samuthaya Sangam, Registrar No.182/2011, Through President and Secretary, Rengasamy, Registered Office at Krishnankovil Mandapam, Now At Kavi Annamalai Reddiyar Thirumana Mandapam, Middle Street, Sennikulam Village, via, Sankarankovil Taluk, Tirunelveli District.

2.Ramamoorthy

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 04-11-2025 in E.P.No. 07/2025 in O.S.No.81/2017 on the file of the Principal District Munsif Court, Sankarankovil.

For Petitioner : Mr.S.Ramesh For Respondents : M/s.Shivasree, Legal Aid Counsel 1/5

ORDER

This Civil Revision Petition has been filed challenging the order dated 04.11.2025 passed in E.P.No.7 of 2025 in O.S.No.81 of 2017 by the learned Principal District Munsif, Sankarankovil.

2. The learned counsel appearing for the revision petitioner submitted that the petitioner has preferred an appeal in A.S.No.5 of 2025 before the learned Subordinate Judge, Sankarankovil, challenging the judgment and decree passed in O.S.No.81 of 2017. It is further submitted that the appellate Court has granted an order of stay of further proceedings pursuant to the judgment and decree in O.S.No.81 of 2017.

3. Per contra, the learned Legal Aid Counsel appearing for respondents 1 and 2 submitted that the trial Court directed the plaintiff to vacate the suit property and hand over possession to the first defendant on the ground that the non-mentioning of the property in Ex.A.12 registration deed would not affect the status of the first defendant as landlord of the plaintiff. Hence, according to the learned counsel, the order passed by the trial Court does not warrant interference. 2/5

4. This Court has considered the submissions made on either side. It is not in dispute that A.S.No.5 of 2025 is pending on the file of the Sub Court, Sankarankovil and that an order of stay has been granted by the appellate Court. In view of the same, the Executing Court, namely, the Principal District Munsif Court, Sankarankovil, shall await the outcome of the appeal in A.S.No.5 of 2025 before proceeding further in E.P.No.7 of 2025.

5. This Court places on record its appreciation for the valuable assistance rendered by the learned Legal Aid Counsel, M/s.Shivasree, appearing for respondents 1 and 2.

6. The Legal Services Committee is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) as additional remuneration to M/s.Shivasree, learned Legal Aid Counsel, within a period of two weeks from the date of receipt of a copy of this order. 3/5

7. With the above direction, this Civil Revision Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

29.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Principal District Munsif Court, Sankarankovil. 2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR ,J.

Indu 29.01.2026 5/5