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2025 DAILYLAW 73000 (MAD)

Hamsaveni v. Sathiyendran

CMP/15265/2025 · 2025-07-04

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP No. 15265 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-07-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CMP No. 15265 of 2025 1. Hamsaveni, Appellant(s) Vs 1. Sathiyendran, 2.Vijayasankar, 3.Gangatharan, 4.Revathi, 5.Umamaheswari, 6.V.Suryanarayanan, Respondent(s) PRAYER This Civil Miscellaneous Petition has been filed under Section 151 of CPC to grant Leave to file the Civil Revision Petition before this Honourable Court against the Judgment and decree dated 20.02.2024 passed in O.S.No.1485 of 2022 by the Principal Subordinate Judge, Coimbatore. 1/4 https://www.mhc.tn.gov.in/judis CMP No. 15265 of 2025 For Appellant(s): M. Mohamed Riyaz ORDER This petition has been filed to grant leave to the petitioner to file revision petition as against the judgment and decree dated 20.02.2024 passed by the Principal Subordinate Court, Coimbatore in O.S.No.1485 of 2022. 2. According to the petitioner, the respondents have conveniently filed a suit for partition among themselves, including the property of the petitioner, who has purchased the same from a different owner through a sale deed dated 27.01.2021. Without making the petitioner as party to the suit, the first respondent filed the suit against the respondents 2 to 6 for partition and an exparte decree came to be passed for dividing the properties among themselves. Only when the exparte decree was sought to be registered before the Sub- Registrar's Office, the petitioner came to know about the decree passed in respect of his property. Hence, seeks to grant leave to file a Civil Revision Petition challenging the judgment and decree dated 20.02.2024, which was obtained behind his back in respect of his property. 2/4 https://www.mhc.tn.gov.in/judis CMP No. 15265 of 2025 3. Considering the nature of the allegations raised, and the petitioner has also placed a copy of the sale deed to substantiate his submissions that he has also purchased one of the items of the suit properties from different owners, this petition is allowed and leave is granted. 04-07-2025 Mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To The Principal Subordinate Court, Coimbatore. 3/4 https://www.mhc.tn.gov.in/judis CMP No. 15265 of 2025 N.SATHISH KUMAR J. mrp CMP No. 15265 of 2025 04-07-2025 4/4 https://www.mhc.tn.gov.in/judis