P.Rajasekaran, v. The District Collector,

ORDER The Civil Revision Petition is filed seeking a direction to the trial Court to number the petition filed by the petitioner in I.A.SR.No.3376 of 2026 to condone the delay of 24 days in filing the petition seeking restoration of the suit.

¶2The petitioner herein filed the suit seeking declaration of title and permanent injunction against the respondents. Pending the suit, the 7th defendant, Sevuga Rathinam, died and the suit was adjourned for taking steps to bring on record the legal representatives of the deceased 7th defendant. However, on the adjourned date, the petitioners failed to appear and steps were also not taken to implead the legal representatives of the deceased 7th defendant. Recording the same, the suit was dismissed for default. Thereafter, the instant application has been filed to restore the suit along with a petition to condone the delay of 24 days. However, the said application was returned by the trial Court raising an objection that it should be presented along with a petition to bring on record the legal representatives of the deceased 7th defendant.

¶3The learned counsel appearing for the petitioners would submit that, despite issuing notice to the counsel appearing for the deceased 7th defendant as well as to the other private defendants, there was no response from them. Therefore, the petitioner was unable to ascertain the particulars of the legal representatives of the deceased 7th defendant. The learned counsel would further submit that, since the petitioners are unable to get the details of the legal representatives of the deceased 7th defendant, the petitioners are willing to make an endorsement that they are not interested in proceeding with the suit as against the legal representatives of the deceased 7th defendant, if any.

¶4Since the petitioners are ready to make an endorsement that they are not interested in proceeding with the restoration application and the suit against the legal representatives of the deceased 7th defendant, whose particulars are not known to them, the petitioners are directed to represent the papers before the trial Court within two weeks from the date of receipt of a copy of this order by making an endorsement to that effect. On such representation, with the endorsement as stated above, the trial Court shall number the application, if it is otherwise in order, and dispose of the same in accordance with law.

5.The Registry is directed to return the original I.A.S.R. No.3376 of 2026 papers to the learned counsel for the petitioner.

¶6The Civil Revision Petition stands disposed of accordingly. No costs.

21.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No skn To

1.The Sub Judge, Sivagangai.

¶2The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. S.SOUNTHAR,

J.

skn C.R.P.(MD)No.1913 of 2026

21.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2026 CORAM THE HON'BLE MR. JUSTICE S.SOUNTHAR C.R.P.(MD)No.1913 of 2026 1.P.Rajasekaran 2.P.Palraj 3.S.Moorthy 4.S.Palpandiyan .. Petitioners Vs. 1.The District Collector, Sivagangai District. 2.The District Revenue Officer, Sivagangai District. 3.The Revenue Divisional Officer, Devakottai Sub Division, Sivagangai District. 4.The Tahsildar, Singampunari Taluk, Sivagangai District. 5.The Sub Registrar, Singampunari Sub Registrar's Office, Singampunari Taluk, Sivagangai District. 6.Sevugan Pillai Sevuga Rathinam (died) 7.Arumugam 8.Iraniyan .. Respondents PRAYER: civil revision petition filed under article 227 of the Constitution of India to direct the Sub Judge, Sivagangai, to number the I.A.SR.No.3376 of 2026, condone delay petition in O.S.No.04 of 2023 filed by the petitioners. For Petitioners : Mr.S.Balaji