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C.R.P(MD)No.2170 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2026 CORAM THE HON'BLE MR. JUSTICE S.SOUNTHAR C.R.P.(MD)No.2170 of 2026 Jeyaraman
.. Petitioner Vs. Iyappan .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the District Munsif Court, Srivaikuntam to number the counterclaim in O.S.No.11 of 2026 which was returned on 08.06.2026 and disposed of the same in accordance with law. For Petitioner : Mr.Pon Karthikeyan ORDER The civil revision petition is filed seeking a direction to the District Munsif Court, Srivaikuntam to number the counterclaim filed by the petitioner/defendant in O.S.No.11 of 2026, which was returned on 08.06.2026, and dispose of the same in accordance with law.
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C.R.P(MD)No.2170 of 2026 2.The respondent has filed a suit for permanent injunction. The petitioner, who is the defendant therein, filed a counterclaim seeking declaration and injunction in respect of the suit property. In view of the prayer for declaration, the counterclaim was valued at Rs. 11,15,985/-. Since the value of the counterclaim exceeds the pecuniary jurisdiction of the trial Court, the same was returned. Challenging the said order of return, the petitioner has approached this Court. 3.Since the value of the counterclaim exceeds the pecuniary jurisdiction of the trial Court, the trial Court cannot entertain the same. Therefore, the order of return passed by the trial Court is in accordance with law. I am, therefore, not inclined to issue any direction to the trial Court to number the said counterclaim. However, liberty is granted to the petitioner to file a separate suit in respect of the reliefs sought in the counterclaim. 4.The Registry is directed to return the original counterclaim filed by the petitioner to the learned counsel for the petitioner. 2/4 https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2170 of 2026
5. In view of the above, this Civil Revision Petition stands dismissed. No costs. 07.08.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn To 1.The District Munsif Court, Srivaikuntam.
2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.2170 of 2026 S.SOUNTHAR,
J.
skn C.R.P.(MD)No.2170 of 2026 07.08.2026 4/4 https://www.mhc.tn.gov.in/judis