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2025 DAILYLAW 4166 (MAD)

Saraswathi v. B.Chitra

CRP/5985/2025 · 2026-03-27

N Mala

Transfer Petitionbody2025

Judgment text

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CRP No. 5985 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HON'BLE MRS.JUSTICE N. MALA CRP No. 5985 of 2025 and CMP No. 29653 of 2025 1. Saraswathi W/o. Late Muthusamy, Door.No. 19, Appachi Nagar Main Road, Tiruppur Town, Tiruppur Taluk and District. 2. Karunaiammal W/o. Late Ponnusamy, Door.No. 20, Appachi Nagar Main Road, Tiruppur Town, Tiruppur Taluk and District. 3. Eswaramurthy S/o. Late Ponnusamy, Door.No. 36W, V.G.V. Garden, 18th Street, Kangeyam Road, Tiruppur, Tiruppur Taluk & District. 4. Ramu S/o. Late Ponnusamy, Door.No. 4/15, Chitrahar Nagar, 1st Street, Near Vellian Kaadu Road, Opp. Tex Knits India, Tiruppur, Tiruppur Taluk and District. ..Petitioner(s) Vs B.Chitra W/o. Thangavel, No. 1A, Singaravelan Nagar, Tiruppur Town, Tiruppur Taluk, Tiruppur District-641 603. ..Respondent(s) Civil Revision Petition is filed under Article 227 of the Constitution of __________ Page1 of 4 https://www.mhc.tn.gov.in/judis CRP No. 5985 of 2025 India, praying to set aside the order of the Learned I Additional District and Sessions Judge, Tiruppur in I.A No. 278 of 2021 dated 03.01.2025 in O.S No. 366 of 2018 dated 12.08.2021. For Petitioner(s): Mr.J.Franklin For Respondent(s): Mr.R.Bharath Kumar ORDER This Civil Revision Petition is filed against the order passed in I.A No. 278 of 2021 dated 03.01.2025 in O.S No. 366 of 2018 dated 12.08.2021. 2. The defendants in the suit are the revision petitioners. The respondent as the plaintiff filed the suit in O.S.No.366 of 2018 for partition of her 1/3 share in the suit property against the petitioners. After completion of trial, a preliminary decree for partition was passed on 12.08.2021, granting 1/3 share to the plaintiff/ respondent in the suit property. Thereafter, the respondent/plaintiff filed a petition for final decree in I.A.No.278 of 2021 in the aforesaid suit. The trial Court passed the final decree on 03.01.2025. Aggrieved by the final decree, the petitioners filed the present Civil Revision Petition. 3. Heard both the learned counsels and perused the materials placed on record. __________ Page2 of 4 https://www.mhc.tn.gov.in/judis CRP No. 5985 of 2025 4. When the matter was taken up for hearing, the learned counsel for the petitioner’s fairly submitted that only an appeal will lie against the final decree in I.A.No.278 of 2021. 5. As rightly contended by the learned counsel for the petitioner, only an appeal lies against an order passed in final decree proceedings. Therefore, the Civil Revision Petition is not maintainable and hence, it is dismissed. No costs. Consequently the connected miscellaneous petition is closed. However, time spent by the petitioners in prosecuting the Civil Revision Petition will stand excluded under Section 14 of the Limitation Act, 1963. 6. Registry is directed to return original documents, if any filed, to the petitioners on proper verification. 27-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dsn __________ Page3 of 4 https://www.mhc.tn.gov.in/judis CRP No. 5985 of 2025 N.MALA J. dsn To The I Additional District and Sessions Judge, Tiruppur. CRP No. 5985 of 2025 and CMP No. 29653 of 2025 27-03-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis