M.Kumaresan vs M.Subramani
2026 Latest Caselaw 336 Mad

Madras High Court

M.Kumaresan vs M.Subramani on 21 January, 2026

                                                                                          C.R.P. (MD) No. 3194 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 21.01.2026

                                                          CORAM

                                  THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                              C.R.P.(MD)No.3194 of 2023
                                                        and
                                        C.M.P.(MD)Nos.16449 and 16450 of 2023

                M.Kumaresan                                                              ... Petitioner

                                                                Vs.
                M.Subramani                                                              ...Respondent

                PRAYER: Petition filed under Article 227 of the Constitution of India to call
                for the records and set aside the order of the fair and decreetal order dated
                23.08.2023 made in I.A.No.444 of 2022 in O.S.No.408 of 2022 on the file of
                the Sub-Court, Oddanchatram.


                                   For Petitioner             :Mr. H.Lakshmi Shankar
                                   For Respondent             :Mr. S.Karthik
                                                             *****


                                                           ORDER

This Civil Revision Petition invoking Article 227 of the Constitution of

India, 1950, has been filed challenging the order dated 23.08.2023 made in I.A.

No.444 of 2022 in O.S.No.408 of 2022 on the file of the Subordinate Court,

Oddanchatram (hereinafter referred to as the 'Trial Court' for short). The parties

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/01/2026 06:03:00 pm )

are hereinafter referred to as per their description in the suit in O.S.No.408 of

2022 before the Trial Court for the sake of clarity and convenience.

2.Heard Mr.H.Lakshmi Shankar, learned Counsel for the plaintiff and

Mr.S.Karthik, learned Counsel for the defendant and perused the materials

placed on record, apart from the pleadings of the parties.

3.Before the Trial Court, after the plaintiff had filed an application for

attachment before judgment, the defendant had produced the Encumbrance

Certificate. The Trial Court mistakenly took into consideration that the

property is not belonging to the defendant and the said property has been

alienated by the plaintiff and application filed by the plaintiff for attachment of

the property before the judgment has been dismissed. The said order is under

challenge in the present Civil Revision Petition.

4.It is not in dispute that the suit property does not belong to the

defendant at all. However, it is contended by the learned Counsel appearing for

the plaintiff that another property belonging to the defendant, which has been

sought to be attached has been alienated after filing of the application for

attachment before judgment and the matter requires consideration. Hence, the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/01/2026 06:03:00 pm )

impugned order dated 23.08.2023 made in I.A.No.444 of 2022 in O.S. No. 408

of 2022 on the file of the Sub-court, Oddanchatram is set aside and the matter is

restored to the file of the Trial Court and the Trial Court shall decide the matter

afresh on merits and in accordance with law.

5.In the result, the Civil Revision Petition is disposed of with the

clarification that the Trial Court shall not be inhibited or influenced by the

impugned order and shall also decide the matter afresh on merits and in

accordance with law. No costs. Consequently, connected miscellaneous

petitions are closed.

                                                                                                    21.01.2026
                Index        : Yes/No
                NCC          : Yes/No

                cmr


                To:-

                1.The Sub Court, Oddanchatram.

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








https://www.mhc.tn.gov.in/judis              ( Uploaded on: 22/01/2026 06:03:00 pm )


                                                                            N.SENTHILKUMAR, J.

                                                                                                     cmr









                                                                                           21.01.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/01/2026 06:03:00 pm )