2026:MHC:335 IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDER RESERVED ON : 18 / 12 / 2025 ORDER PRONOUNCED ON: 28 / 01 / 2026 CORAM :

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL C.R.P.NO.3397 OF 2017 AND C.M.P.NO.15842 OF 2017 Kolanji ... Petitioner/Petitioner/

Plaintiff Verus

1.Kaliyan (Died)

2.Kaliyammal

3.Kolanjiyappan

4.Kannishiwari 5.Minor Ramu 6.Minor Mala (Minors 5 & 6 represented by Guardian mother 2^nd Respondent Kaliyammal)

7.Anjalai

8.Malar ... Respondents 1 to 8/

Respondents 2 to 9/

Defendants 2 to 9 Note: Respondents 7 & 8 were impleaded vide Order of this Court dated January 10, 2024 made in C.M.P. No.22055 of 2019 in C.R.P.

No.3397 of 2017.

9.Pachammal (Died)

10.Manjamuthu (Died)

11.Manjula

12.Marimuthu

13.Mani

14.Premalatha

15.Vinoth Note: Respondent-1 passed away. Respondents 9 to 15 are brought on record as legal representatives of the deceased R-1 namely Kaliyan vide Order of this Court dated February 12, 2024 made in C.M.P. No.22056 of

2019 in C.R.P. 3397 of 2017)

16.Murugaveni

17.Vinitha

18.Parimala

19.Minor Dhanushree Note:

(i) Respondent-19 represented by her mother and natural guardian Respondent-18 (ii) Respondents-9 and 10 died. Respondents 16 & 17 are brought on record as legal representatives of the deceased R-9 namely Pachammal and Respondents 18 & 19 are brought on record as legal representatives of the deceased R-10 namely Manjamuthu vide Order of this Court dated February 08, 2024 made in C.M.P. Nos.4650 & 4652 of 2022 in C.R.P.

No.3397 of 2017 ...Respondents 9to 19/

LR's of R1, 9 & 10 PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, 1950, praying to set aside the Fair and Decreetal Order dated July 11, 2017 passed in I.A.No.320 of 2015 in O.S.No.128 of

2008 on the file of I Additional District Munsif, Vridhachalam.

For Petitioner : Ms.Nilapher for Ms.R.Meenal For Respondents-

1, 9, 10 : Died - steps taken For Respondents-

2 to 4, 7, 8, 11 to 18 : Served – No appearance For Respondents-

5 & 6 : Minors represented by R2 For Respondent-19 : Minor represented by R18

O R D E R

Feeling aggrieved by the Dismissal Order dated July 11, 2017, passed in a petition filed under Order XXIII Rule 1 read with Section 151 of 'the Code of Civil Procedure, 1908' ('CPC' for short) in I.A.No.320 of 2015 in O.S.No.128 of 2008 on the file of 'the I Additional District Munsif, Vridhachalam' [hereinafter referred to as the 'Trial Court'], the Petitioner/Plaintiff therein has preferred this Civil Revision Petition. 2. The Revision Petitioner herein is the Plaintiff and the Respondents herein are the Defendants in the Original Suit in O.S.No.128 of 2008. For the sake of convenience and clarity, the parties will hereinafter be referred to as per their array in the Original Suit.

3. The Plaintiff filed the aforesaid Suit against the defendants seeking declaration and injunction and if in case, the defendants encroach the suit property during the pendency of Suit, then the reliefs of delivery of possession and mesne profits as well.

4. An extent of 0.31.5 hectare in Survey No.88/3A1B and an extent of 0.15.0 hectare in Survey No.88/3A1C of Sirunisalur Village, Vridhachalam Taluk is the suit property.

5. According to the plaintiff, an extent of 42 Cents in the suit property originally belonged to one Mulaviyammal, wife of Manjan and her son Kaliyappan. The aforesaid owners executed a Sale Deed in favour of the 1^st Defendant, namely Poovayee on June 03, 1978, who is the mother of the 2nd defendant herein.

5.1. The remaining properties in Survey No.88/3A were owned by Muthusamy, Marimuthu, Raghavan, Chinnasamy and Manjamuthu, who are brothers. In an oral partition which occurred 20 years prior to the Suit, 1 Acre 21 Cents was allotted to Muthusamy and the remaining entire portion was allotted to Manjamuthu. Muthusamy executed a Sale Deed in favour of one Chinnasamy's wife, namely Vishalakshi to an extent of 84 Cents in Survey No.88/3A. Thereafter, Muthusamy died. Muthusamy's wife - Manjayee executed a Sale Deed in favour of Chinnasam