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THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2026

CORAM

THE HON'BLE MR. JUSTICE P.B.BALAJI

A.S.No.80 of 2026

& CRP.Nos.409 & 411 of 2026

& CMP.Nos.2336, 2326, 2697 & 2704 of 2026

A.S.No.80 of 2026:

K.Selvarajan ..Appellant

Vs.

1.Amuthasurabi Educational Trust,

having its registered office at

Chinnamudalaipatti Post,

Namakkal Taluk and District,

represented by its

Managing Trustee

Smt.M.Tamilarasi and Secretary-cum-Trustee

Thiru M.Gopumadhavan.

2.P.Kandasamy

3.M/s.Raja Auto Finance,

L.S.Building, No.151-A6 Salem Road,

Namakkal

Represented by its Managing Partner. ..Respondents

Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, to set aside

the judgment and decree in O.S.No.55 of 2025 dated 22.04.2025 passed by the Principal

District Court, Namakkal, decreeing the suit for partition in favour of the

respondents/plaintiffs.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/02/2026 01:18:01 pm )

For Appellant : Mr.J.Umacharan

For Respondents : Mr.R.Ramaguru for R1

CRP.Nos.409 & 411 of 2026:

Venugopal ..Petitioner in both CRPs

Vs.

1.Amuthasurabi Educational Trust,

registered office at

No.5/120-1, N.G.G.O’s Colony,

Chinnamudalaipatti Post,

Namakkal Taluk and District,

represented by its Managing Trustee

M.Tamilarasi and Secretary-cum-Trustee

M.Gopumadhavan S/o. C.P.Marimuthu

No.139 E, Salem Road,

Namakkal Post and District.

2.K.Selvarajan

3.P.Kandasamy

4.M/s.Raja Auto Finance,

Represented by its Managing Partner,

L.S.Building, No.151-A6 Salem Road,

Namakkal. ..Respondents in both CRPs

Common Prayer: Civil Revision Petitions filed under Article 227 of Constitution of

India, to set aside the order dated 28.01.2026 in Unnumbered I.A in O.S.No.55 of 2025,

decreed on 22.04.2025 and consequential direction to number the Unnumbered I.A, on

the file of the Principal District Judge, Namakkal.

For Petitioner : Mr.S.Mukunth

Senior Counsel for Mr.M.Guruprasad

For Respondents : Mr.R.Ramaguru

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/02/2026 01:18:01 pm )

COMMON JUDGMENT

The appeal suit and the revision petitions are taken up together.

2.The 1^st defendant in O.S.No.55 of 2025 is the appellant in A.S.No.80 of 2026.

The 1^st respondent/plaintiff filed a suit, seeking permission to sell the properties

belonging to the plaintiff/Trust to the appellant, in terms of an agreement dated

11.09.2023 or to any other buyer in the event of the appellant failing to co-operate, to

complete the sale, in order to discharge the loans availed by the plaintiff from the

defendants 2 and 3.

3.The suit came to be decreed by the Principal District Court, Namakkal on

22.04.2025. Advocate Commissioners have been appointed by the trial Court to go

ahead with the sale of the properties belonging to the plaintiff/Trust. Challenging the

denial of the right of the appellant to purchase the property, the appeal suit has been

preferred.

4.Civil Revision Petitions have been preferred at the instance of the third parties,

who intends to participate in the public auction, in order to purchase the immovable

properties belonging to the plaintiff/Trust.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/02/2026 01:18:01 pm )

5.Today, however, the learned counsel for the plaintiff has filed a memo, stating

that the plaintiff is intending to withdraw the suit itself. As the Trust is now not desirous

of selling its immovable properties and that the purposes for which the properties were

sought to be sold, in respect of which, permission was sought for no longer subsists on

account of the dues of the defendants 2 and 3 having been settled, without a requirement

to sell the properties of the Trust. As plaintiff, there can be no impediment for the

plaintiff, who has approached the Court, to seek withdrawal of the suit at any point of

time, despite the suit being at the appellate stage. Today, the only prejudice that can be

caused is to the appellant. However, the appellant has also made an endorsement that in

view of the plaintiff withdrawing the suit, he also seeks for withdrawal of the app