Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 57221 (MAD)

Valliyammai v. Pandian

CRP/4391/2026 · 2026-07-30

Abdul Quddhose

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 4391 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 4391 of 2026 Valliyammai ..Petitioner(s) Vs Pandian rep by Power Agent, Sellammal, ..Respondent(s) This Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking to set aside the Fair and Decreetal order in IA No.50 of 2026 in OS No.49/2025 on the file of Principal District Munsif Court, Tittagudi dated 10.03.2026. For Petitioner(s): Mr.J.Antony Jesus For Respondent(s): ORDER This Civil Revision Petition (CRP) has been filed challenging the impugned order dated 10.03.2026 passed by the Principal District Munsif Court, Tittagudi, in I.A.No.50 of 2026 in O.S.No.49 of 2025. 2. In the suit, the petitioner is the plaintiff, and the respondent is the second defendant. In the impugned order, the application filed by the https://www.mhc.tn.gov.in/judis CRP No. 4391 of 2026 __________ Page2 of 4 respondent/second defendant under Order IX Rule 7 of the Code of Civil Procedure seeking to set aside the exparte order dated 16.10.2025, has been allowed on payment of cost of Rs.500/- by the respondent to the petitioner on or before 16.03.2026. 3. Eventhough the impugned order has been challenged in this CRP, the learned counsel for the petitioner would now submit on instructions that it would suffice if a direction is issued to the trial Court to dispose of the suit O.S.No.49 of 2025 within a time frame to be fixed by this Court. 4. It is also brought to the notice of this Court that based on the pleadings and other defences, issues have already been framed by the trial Court, and the suit is ripe for trial. 5. No prejudice will be caused to any of the parties if a direction is issued to the trial Court to dispose of the suit within a time frame to be fixed by this Court. The suit has been filed to declare the Will as null and void. The petitioner is aged about 71 years. After giving due consideration to the year of the suit as well as the age of the petitioner/plaintiff, this Court, without interfering with the impugned order, directs the Principal District Munsif Court, Tittagudi, to dispose of the suit O.S.No.49 of 2025, after giving due consideration to the written statement filed by the respondent/second defendant https://www.mhc.tn.gov.in/judis CRP No. 4391 of 2026 __________ Page3 of 4 and after framing additional issues, within a period of one year from the date of receipt of a copy of this order. With this direction, this Civil Revision Petition is disposed of. Since no adverse orders are passed against the respondent, notice to the respondent is dispensed with. No Costs. 30-07-2026 Neutral Citation: Yes/No RKM To Principal District Munsif Court, Tittagudi. https://www.mhc.tn.gov.in/judis CRP No. 4391 of 2026 __________ Page4 of 4 ABDUL QUDDHOSE, J. RKM CRP No. 4391 of 2026 30-07-2026 https://www.mhc.tn.gov.in/judis