A.C.Arun Kumar v. A.C.Rajanikant

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD).No.19094 of 2025 A.C.Arun Kumar ... Petitioner Vs 1.A.C.Rajanikant 2.K.Sathya ... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 14.03.2025 passed by the IV Additional District Judge, Madurai in I.A.No.617 of 2022 in O.S.No.253 of 2021.

For Petitioner : Mr.K.Sudalaiyandi For R1 : Mr.B.K.Girish Neelakantan For R2 : Mr.T.S.Surya

ORDER

This civil revision petition has been filed challenging the fair and decreetal order, dated 14.03.2025 passed by the IV Additional District Judge, Madurai in I.A.No.617 of 2022 in O.S.No.253 of 2021. 1/4

2.Originally the suit was filed by the first respondent herein, who is the plaintiff, seeking partition. In which, the revision petitioner, who is the second defendant in the suit filed this application to reject the plaint on the ground that most of the properties were omitted in the plaint and the plaintiff has no cause of action to file the suit. The same was dismissed by the trial Court and the trial Court listed the case for trial. Against the dismissal order, this revision has been filed. 3.The learned counsel for the respondents would submit that originally the suit was filed for partition. Question of partition can be decided only after full fledged trial. The rights and shares also can be determined after adducing ample evidence on all sides. Therefore, the application cannot be entertained.

4.After considering the submissions made on either side, this Court is of the view that the grounds that are raised by the revision petitioner could be decided only after a full-fledged trial by the trial Court. Therefore, this Court is not inclined to entertain this petition. However, it is submitted that the trial Court has posted the case on 13.03.2026 for 2/4

trial. Therefore, the trial Court is directed to complete the trial process as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order.

5.With the above said directions, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed.

Speaking : Yes / No 19.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The IV Additional District Judge, Madurai 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

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