Madras High CourtWMP(MD)/530/2026dismissed

Seenivasagam Sivanu, v. Paramasivan. S

2026-02-10Honourable Mr Justice G.R.Swaminathan5 pages

1 W.M.P.(MD)No.530 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.M.P.(MD)No.530 of 2026 in REV.APLW.(MD)SR.No.107652 of 2025 Seenivasagam Sivanu ... Petitioner / Proposed third party Vs.

1. S.Paramasivan ... 1st Respondent / Petitioner

2. The Sub Collector-cum-Sub Divisional Magistrate, Thoothukudi, Thoothukudi District.

3. The Appellate Tribunal/ District Collector, Thoothukudi, Thoothukudi District.

4. The Sub Registrar, Murapanadu Sub Registrar Office, Thoothukudi District.

5. The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

6. Sivanu ... Respondents / Respondents 1 to 5 1/5

2 W.M.P.(MD)No.530 of 2026 Prayer in C.M.P.(MD)No.530 of 2026 : Petition filed under Section 5 of the Limitation Act, to condone the delay of 488 days in filing the above review application against the order passed by this Court in W.P.(MD)No.27051 of 2023 dated 10.07.2024. Prayer in Rev.Aplw(MD)SR.No.107652 of 2025: Review petition filed under Order 47 Rule 1 and 2 r/w. Section 114 CPC, 1908, to review the order dated 10.07.2024 passed in W.P.(MD) No.27051 of 2023 by allowing this review application. For Petitioner : Mr.S.M.Ramasiva For Respondents : Mr.RMS.Sethuraman for R-1.

* * *

O R D E R

I do not find any ground to entertain the review petition. Sivanu executed settlement deed in favour of his son Paramasivan. Subsequently, he moved the Maintenance Tribunal for cancelling the same. The Maintenance Tribunal cancelled the settlement deed. Challenging the same, Paramasivan filed W.P.(MD)No.27051 of 2023. The writ petition was allowed by me and the order passed by the Maintenance Tribunal was set aside. Sivanu was given liberty to move the civil Court for appropriate relief. Since the settlement deed 2/5

3 W.M.P.(MD)No.530 of 2026 was executed way back on 08.03.2021 and the parties were locked in litigation even while granting liberty to Sivanu to move the civil Court, I made it clear that if the suit was filed within a period of eight weeks, limitation will not be pleaded by Paramasivan. Sivanu passed away in November 2025. The review applicant wants to file partition suit. I make it clear that the litigation between the review applicant and Paramasivan will be decided entirely on its own merits. This petition is dismissed.

10.02.2026 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.M.P.(MD)No.530 of 2026 To:

1. The Sub Collector-cum-Sub Divisional Magistrate, Thoothukudi, Thoothukudi District.

2. The Appellate Tribunal/ District Collector, Thoothukudi, Thoothukudi District.

3. The Sub Registrar, Murapanadu Sub Registrar Office, Thoothukudi District.

4. The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

4/5

5 W.M.P.(MD)No.530 of 2026 G.R.SWAMINATHAN,J.

PMU W.M.P.(MD)No.530 of 2026 in REV.APLW.(MD)SR.No.107652 of 2025 10.02.2026 5/5