P.Sivagami v. Ponnusamy

O R D E R The Civil Revision Petition is filed seeking a direction to the Principal District Munsif Court, Tiruppur to number the suit in O.S.SR.No.5415 of 2025.

¶2The petitioners herein filed a suit for permanent injunction restraining the respondents/defendants from interfering with their peaceful possession and enjoyment of the suit properties. The suit was returned by the Trial Court on 10.01.2025 raising objection with regard to the absence of schedule of property. The petitioners represented the papers on 13.11.2025 after offering their explanation. Again, the plaint was returned on

13.11.2025 raising certain new objection. Thereafter, the papers were represented by the petitioners. Again, the plaint was returned on 09.12.2025 raising certain objection. Aggrieved by the said return, straightaway the petitioners have come before this Court.

¶3If the Trial Court raised certain objection with regard to the defects in the papers or with regard to the maintainability of the prayer, it is for the petitioners to offer their explanation and represent the papers. Infact, the Trial Court raised new objection in the second return, the petitioners offered their explanation and represented the papers. Again, for the third time the plaint was returned raising certain objection. The Court is expected to raise all the objections in the single return and it is not expected to raise objections in instalments.

¶4Taking into consideration the turn of events, the petitioners are directed to represent plaint offering their explanation for the defects pointed out by the Trial Court in the return dated 09.12.2025, within a period of two weeks from the date of uploading of this order. If the Trial Court is satisfied with the explanation offered by the petitioners, the same shall be numbered and proceeded with in accordance with law. If the Trial Court is not satisfied with the explanation offered by the petitioners, the matter shall be called in open Court and the petitioners shall be afforded with an opportunity to putforth their case on merits. Thereafter, the order shall be passed by the Trial Court on merit with regard to the maintainability of the plaint.

¶5With the above directions, the Civil Revision Petition stands disposed of. No costs.

13.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm Note: The Registry is directed to return the original plaint in O.S.SR.No.5415 of 2025 to the learned counsel for the petitioners, after obtaining necessary endorsement. To The Principal District Munsif Judge, Tiruppur.

S.SOUNTHAR, J. dm

13.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2026 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.P.Sivagami 2.P.Niresh Kumar 3.P.Gowtham 4.P.Ramasamy 5.R.Sundaramal 6.R.Kathiresan 7.P.Sumithra 8.S.Suseela 9.S.P.Mohan Kumar 10.S.Jogesh Kumar ... Petitioners vs. 1.S.Ponnusamy 2.P.Muthulakshmi 3.P.Prakash 4.P.Sudhakar 5.P.Arumugam 6.A.Jothimani 7.P.Sruthi 8.G.Balasubramaniam 9.B.Sumathi 10.M.Bagyalakshmi 11.K.Dharshini ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue a direction directing the Principal District Munsif Judge, Tiruppur to number the OS.SR.No.5415 of 2025 within a time bound manner. For Petitioners : Mr.K.Myilsamy