LexDraft · Judgments

CRP/1824/2026 of Angu Ayyappan Vs C.Subramaniyam (Died) 1. Dhanamani,

Madras High Court · 2026

Coram: HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

CRP No. 1824 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V .THAMILSELVI CRP No. 1824 of 2026 and CMP.No.8235 of 2026 1. Angu Ayyappan S/O. Late S.Angu Raj, D.No.3, Mageshwari Nagar I, Thaneerpanthal, Peelamedu, Coimbatore - 641004. Petitioner(s) Vs 1. C.Subramaniyam (Died) 1. Dhanamani, W/o. (late) C. Subramaniyam, D.No.233, Ranga Samy Naidu Layout, Peelamedu, Coimbatore - 641006. 2.Vijayakumar S/o. (late) C. Subramaniyam, D.No.233, Ranga Samy Naidu Layout, Peelamedu, Coimbatore - 641006. 3.Prabhu S/o. (late) C. Subramaniyam, D.No.233, Ranga Samy Naidu Layout, Peelamedu, Coimbatore - 641006. 4.Amutha W/o. A.P. Jayapal, D.No.4, 1st Street, Duraisamy Naidu Layout, Avarampalayam, Coimbator 641 006. 5.P. Rangasamy (Died) 5. Poongothai W/o. Late. P. Rangasamy, D.No.44, VOC Colony, Peelamedu, Coimbatore 641 004. https://www.mhc.tn.gov.in/judis CRP No. 1824 of 2026 6.Pradeep Raj S/o. Late. P. Rangasamy, D.No.44, VOC Colony, Peelamedu, Coimbatore 641 004. Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to direct the Ld. Principal District Court, Coimbatore to number the Unnumbered CMA. CFR No.2796 of 2025 and to decide the said petition on merits and thus render justice. For Petitioner(s): MR.D.Akaash For Respondent(s): ORDER Before the Executing Court, the third party/revision petitioner file d an application E.A.No.3 of 2019 in E.P.No.77 of 2015, under Order XXI Rule 58 read with Section 141 and Section 151 of CPC, seeking recognition of hi s claim over the property. After hearing both sides, the said application wa s dismissed. Aggrieved by the same, the petitioner preferred a Civil Miscellane ous Appeal (CMA) before the Principal District Judge, Coimbatore. 2. However, the learned Principal District Judge, Coimbatore, did not take the appeal on file and returned the same, stating that the C MA was not properly valued and that such an appeal would not lie, though admittedl y it arose out of an order passed by the Executing Court in a claim petition. https://www.mhc.tn.gov.in/judis CRP No. 1824 of 2026 3. In view of the same, this Court directs the trial Court to t ake the CMA on file, subject to compliance with valuation requirements, if any. The respondents are at liberty to raise objections, if any. 4. The Registry is directed to return the original plaint within a period of one week, from the date of receipt of a copy of this order. 5. Accordingly, this revision is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 06-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri https://www.mhc.tn.gov.in/judis CRP No. 1824 of 2026 To 1. The Principal District Judge, Coimbatore. 2. The Section Officer, VR Section, High Court of Madras. https://www.mhc.tn.gov.in/judis CRP No. 1824 of 2026 T.V .THAMILSELVI J. rri CRP No. 1824 of 2026 06-04-2026 https://www.mhc.tn.gov.in/judis