Madras High Court
Navarathinam vs P.C.R.Chellaperumal Poosari on 24 April, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.04.2025
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
C.M.P(MD)No.6872 of 2025
in
C.R.P.(MD)SR.No.35579 of 2025
and
C.R.P.(MD)SR.No.35579 of 2025
1.Navarathinam
2.Selvaram
3.Mahesh Barathi ...Revision Petitioners/Third Parties
Vs
1.P.C.R.Chellaperumal Poosari
2.S.Ramar Poosari
3.S.Jegatheeswaran Poosari
S.Karuppasamy Poosari (Died)
K.Renganathan Poosari (Died)
4. K.Murugesan Poosari
5. K.Marimuthu Poosari
C.Sethulingam Poosari (Died)
6. R.Soundarrajan Poosari
7. R.Ramasubbu Poosari
8. S.R.Balamurugan Poosari
9. S.Ramanujam Poosari
10. R.Maharajan Poosari
M.Ramasamy Poosari (Died)
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11. M.Rajendran Poosari
12. M.Chandran Poosari
M.Thangam Poosari (Died),
13. M.Perumal Poosari
14. M.Balamurugan Poosari
15. M.Packiaraj Poosari
16. M.Kadarkarai Poosari
17. M.Sakthivel Poosari
18. P.C.R.Ramamurthy Poosari
19. P.Thangam Poosari
20. P.Marimuthu Poosari
V.Ramar @ Ramamurthy Poosari(Died),
21. V.Marimuthu Poosari
22. M.Ramamurthy Poosari
23. M.Muthuramalingam Poosari
24. M.Ramachandran @ M.Chinnaramasamy Poosari
25. R.Ariram Poosari
L.Muthuraman Poosari (Died)
26. M.Jayaraman Poosari
27. M.Ananthajayanan Poosari
28. M.Ganesan Poosari
29.M.Jothi Anandha GanesanPoosari
30. M.Balamurugan Poosari
31. A.Ramamurthy Poosari
32. A.Ganapathiraman Poosari
33. A.Tharmaraj Poosari
34. S.Kathiresan Poosari
35. S.Ganesan Poosari
36. S.Ramar Poosari
R.Marimuthu Poosari, (Died)
S.Murugan @ Sakkarai Poosari
S.Tharmalingam Poosari (Died)
A.Rajendran Poosari (Died)
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37. The Commissioner,
Hindu Religious and Charitable Endowment,
Nungumbakkam High Road, Chennai.
38. The Joint Commissioner,
Hindu Religious and Charitable Endowment,
B1 Road, Ellies Nagar, Madurai.
39. T.Ramachandran Poosari
40. T.Kathiresan Poosari
T.Muthuraman Poosari (Died)
41. T.Balasubramanian Poosari
42. T.Marimuthu Poosari
43. T.Mariammal
44. T.Jeyalakshmi
45. T.Uma Parvathi
46. T.Gomathi
47. T.Muthulakshmi
Muthumari (Died)
48. Mariammal
49. Porkodi @ Ramalakshmi
50. R.Jeyavelan Poosari
51. Chitra
52. S.Chokkalingam Poosari
Marimuthu (Died),
53. Backialashmi
54. R.Ganesan
55. Ramalakshmi
56. Mareeswari
Jeyalakshmi(Died),
57. Ramachandran Poosari
58. Mareeswari
Umaparvathi (Died),
59. Ramamoorthi
60. Marimuthu
61. Sivaraman
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62. Muthumari
63. Sujatha
64. Rishi
65. Muthulakshmi
66. Kannan
67. Arun
68. Bharathi
69. Kamala
70. Padmavathi (Minor)
(Rep. by R69-Kamala)
71. Rammohan (Minor)
(Rep. by R69-Kamala)
72. M.Muthuramalingam
73. M.Thiruppathiraj
74.The Assistant Commissioner/Executive Officer,
Mariamman Temple, Irukkangudi,
Sattur Taluka,
Virudhunagar District. ...Respondents 2 to 90/Defendants 1 to 89
PRAYER: Civil Miscellaneous Petition is filed under Section 151 of C.P.C., to
grant Leave to the petitioner to file an revision as against the judgment and
decree dated 27.03.2025, in O.S.No.34 of 2021, on the file of the learned
Sub Judge, Sattur.
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to set aside the fair and decretal order dated 27.03.2025 in O.S.No. 34 of
2021, on the file of the learned Subordinate Court, Sattur.
For Petitioners : Mr.K.Chellapandian
Senior Counsel
for Mr.AL.Kannan
For Respondents : Mr.A.K.Baskaran Pandian
for Mr.M.Kannan
Mr.VR.Shanmuganathan for R74
Mr.N.Dilipkumar for R28
*****
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ORDER
Third parties to O.S.No.34 of 2021, on the file of the Sub Court, Sattur,
have filed the present petition seeking leave of the Court to challenge the
judgment and decree passed in O.S.No.34 of 2021, dated 27.03.2025.
2.According to the learned Senior Counsel appearing for the revision
petitioners, the Civil Court lacks jurisdiction and the prayer sought for in the
suit ought not to have been granted by the trial Court. He has relied upon
Sections 55(2) and 108 of the Hindu Religious and Charitable Endowments Act,
1959, in support of his contentions.
3.In view of the judgments of the Hon'ble Supreme Court reported in
2019 (9) SCC 538 and 2022 (10) SCC 477, this Court is not inclined to
entertain the Civil Revision Petition in view of the availability of the statutory
appeal remedy under C.P.C.
4.According to the learned Senior Counsel appearing for the revision
petitioners, the other defendants in the suit have filed A.S.No.39 of 2025, in
which the stay petition has also been filed seeking to stay the judgment and
decree of the trial Court. The trial Court is directed to consider the stay petition
and pass orders within a period of thirty days from the date of receipt of a copy
of this order.
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5.Accordingly, this Civil Miscellaneous Petition stands rejected.
Consequently, the Civil Revision Petition is rejected in SR stage itself.
No costs.
24.04.2025
RJR
To
The learned Sub Judge,
Sattur.
Copy to:-
The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR, J.
RJR C.M.P(MD)No.6872 of 2025 in C.R.P.(MD)SR.No.35579 of 2025 24.04.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 12:24:30 pm )