Madras High Court
Ramalakshmi vs S.T.Manoharan on 28 October, 2025
CRP(MD). No.3087 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 28/10/2025
CORAM
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
CRP(MD). No.3087 of 2025
and
CMP(MD)No.17317 of 2025
1. Ramalakshmi,
2. Karthigai Murugan,
3. Mariyappan ... Petitioners
Vs
1. S.T.Manoharan,
S/o.Late.Thavamani Barnandhu,
Mookkaiyoor Village,
Kadaladi Taluk,
Ramanathapuram District.
Presently At
Pamban Chandragiri Street,
Rameswaram.
2. A.Leonald,
S/o.Late.Alex,
Grandson of Thavamani
Barnandhu, Pamban,
Rameswaram Taluk,
Ramanathapuram District.
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CRP(MD). No.3087 of 2025
3. S.T.Dhasan,
S/o.Late.Thavamani Barnandhu,
Mookkaiyoor Village,
Kadaladi Taluk,
Ramanathapuram District.
Presently At
Murugan Kovil Street,
Pamban, Rame.
4. S.T.Agwin,
S/o.Late.Thavamani Barnandhu,
Mookkaiyoor Village,
Kadaladi Taluk,
Ramanathapuram District.
Presently At
Pamban Light House Street,
Rameswaram.
5. Maria Emtinal Alias Peminnal,
D/o.Late.Thavamani Barnandhu,
W/o.Adaikalam Perera,
Pamban Light House Street,
Rameswaram Taluk,
Ramanathapuram District.
6. Sagayarani,
D/o.Late.Thavamani Barnandhu,
W/o.Posco Komaan,
Pamban North Street,
Rameswaram Taluk,
Ramanathapuram District.
7. S.T.John,
S/o.Late Thavamani Barnandhu,
Pamban Light House Street,
Rameswaram Taluk,
Ramanathapuram District.
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CRP(MD). No.3087 of 2025
8. S.T.Justin,
S/o.Late Thavamani Barnandhu,
Pamban Light House Street,
Rameswaram Taluk,
Ramanathapuram District.
9. Fathima,
W/o.Late.Alex,
Daughter in Law of
Thavamani Barnandhu,
Pamban Chandragiri Street,
Rameswaram Taluk,
Ramanathapuram District.
10. Yogitha,
D/o.Late.Alex
W/o.James,
Daughter in Law of Thavamani Barandhu,
Railway Feeder Road,
Thangachimadam,
Rameswaram Taluk,
Ramanathapuram District
11. Adam Smith,
S/o.Late.Alex,
Grandson of Thavamani Barnandhu,
Pamban Chandragiri Street,
Rameswaram Taluk,
Ramanathapuram District.
12. Sub Registrar,
Sayalgudi Town,
Kadaladi Taluk,
Ramanthapuram District. ... Respondents
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CRP(MD). No.3087 of 2025
PRAYER :-
Civil Revision Petition filed under Article 227 of Constitution of
India, to set aside the fair and decreetal order in I.A.No.1 of 2024 in
O.S.No.185 of 2019 on the file of learned District Munsif cum Judicial
Magistrate Court, Kadaladi dated 18-08-2025.
For Petitioners : Mr. S.A.Ajmalkhan,
Advocate.
ORDER
This Civil Revision Petition is filed to set aside the fair and decreetal order in I.A.No.1 of 2024 in O.S.No.185 of 2019 on the file of learned District Munsif cum Judicial Magistrate, Kadaladi, dated 18-08-2025.
2. Learned counsel for the petitioners would submit that the petitioners have instituted a suit against the respondents seeking for a bare injunction. The petitioners have taken out an interlocutory application to amend the pleadings in the prayer by also declaring the title in favour of the petitioners. Learned counsel would submit that 4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/11/2025 03:10:54 pm ) CRP(MD). No.3087 of 2025 without considering the bonafide claim of the petitioners, the Court below had dismissed the petition by also holding that the suit itself had been filed suppressing various material facts. Therefore, he seeks indulgence of this Court.
3. I have considered the submissions made by the learned counsel for the petitioners and perused the materials available on record.
4. Even in the plaint, the plaintiffs have pleaded that the respondents herein had earlier filed a suit in O.S.No.17 of 2014 for bare injunction. It is to be noted that the instant suit had been filed when the arguments are being heard in the earlier suit. It is also to be noted that in the earlier suit, the respondents by claiming title to the property, had filed a suit for bare injunction. When that be so, the petitioners ought to have filed a suit for declaration at the first instance, either as a counter claim in the suit filed by the respondents or at least within a period of three years from the date of filing of the suit. Having failed to file a counter claim or a independent suit within a time period, the petitioner had sought to file an amendment in the suit filed in the year 2019 only in the year 2024.
5/7https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/11/2025 03:10:54 pm ) CRP(MD). No.3087 of 2025 Therefore, the Court below was right in holding that such amendments that is sought to be made, is barred by law of limitation. Hence, this Court do not find any infirmity in the order impugned in this Civil Revision Petition.
5. Accordingly, this Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition stands closed.
28.10.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn To
1.The District Munsif cum Judicial Magistrate, Kadaladi
2. The Sub Registrar, Sayalgudi Town, Kadaladi Taluk, Ramanthapuram District.
3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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pnn ORDER IN CRP(MD). No.3087 of 2025 and CMP(MD)No.17317 of 2025 Date : 28/10/2025 7/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/11/2025 03:10:54 pm )