M.Yokeshwaran vs Thedaselvi
2026 Latest Caselaw 1511 Mad

Madras High Court

M.Yokeshwaran vs Thedaselvi on 23 March, 2026

                                                                                      C.R.P.(MD)No.813 of 2026


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 23.03.2026

                                                         CORAM

                             THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
                                         C.R.P.(MD)No.813 of 2026
                                                    and
                                        C.M.P.(MD)No.3779 of 2026

                     M.Yokeshwaran                                                          ... Petitioner
                                                             vs.
                     1.Thedaselvi

                     Mr.K.Mokkamayan (Died)

                     2.M.Jayammal

                     3.M.Selvam

                     4.A.Thilagavaani

                     5.M.Manimegalai

                     6.M.Muthukumar                                                         ... Respondents

                     PRAYER: Civil Revision Petition filed under Section 115 of the Civil
                     Procedure Code, to set aside the order passed by the learned Sub
                     Judge, Thirumangalam made in E.A.No.3 of 2025 in E.P.No.49 of
                     2021 in O.S.No.927 of 2017, dated 12.11.2025.


                                  For Petitioner        : Mr.S.Suresh




                     1/4




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                                                                                           C.R.P.(MD)No.813 of 2026


                                                            ORDER

The order impugned in this revision is one passed under Order

XXI Rule 90 of the Code of Civil Procedure. Against such an order, the

Civil Revision Petitioner/auction purchaser has a right of appeal

under Order XLIII Rule 1(j). Under Section 115(1) of the Code, when

there is a statutory right of appeal, this Court should not interfere

with the same in revision. Even a revision under Article 227 cannot

be entertained, when an alternate remedy is available.

(See, Virudhunagar Hindu Nadargal Dharma Paribalana Sabai

& Ors vs Tuticorin Educational Society & Ors, (2019) 9 SCC

538).

2. Mr.Suresh relies upon the judgment passed by this Court in

Manimaran vs Selvaraj (C.R.P.No.3546 of 2022, dated

07.11.2025).

3. A perusal of the judgment shows that the learned Judge had

not gone into the issue of maintainability at all nor is there any

reference to the judgment of the Supreme Court in Virudhunagar

Hindu Nadargal Dharma Paribalana Sabai's case cited supra.

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4. Hence, I am of the view that the revision cannot be

entertained, at this stage, at the instance of the auction purchaser. It

is open to him to prefer an appeal, if he so advised. The period from

17.12.2025 till the date of uploading of this order onto the website of

this Court, will stand excluded for the purpose of calculating the time

to prefer an appeal.

5. In view of the above observations, the Civil Revision Petition

stands dismissed. No costs. Consequently, the connected

miscellaneous petition stands closed.

                     Index              :Yes / No                                                   23.03.2026
                     Internet           :Yes / No
                     NCC                :Yes / No
                     Nsr

                     To:
                     The Sub Judge, Thirumangalam.









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                                                               V.LAKSHMINARAYANAN, J.

                                                                                                Nsr




                                                                              Order made in





                                                                                      23.03.2026

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