Madras High Court
M/S.Emeson Developers vs M on 12 September, 2024
C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2024
CORAM :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
and C.M.P.Nos.11824 of 2022 and 28 of 2023
In C.R.P.(PD).No.2308 of 2022 :-
1. M/s.Emeson Developers
No.27/12, First Main Road,
Nungambakkam, Chennai - 600 034.
Rep. by its Authorised Signatory Syed Ahmed
2. Syed Ahmed .. Petitioners
Versus
1. M,Sabeeya Beevi
2. S.K.H.Kadhar Sultan .. Respondents
In C.R.P.(PD).No.2 of 2023 :-
1. M/s.Emeson Developers
No.27/12, First Main Road,
Nungambakkam, Chennai - 600 034.
Rep. by its Authorised Signatory Syed Ahmed
2. Syed Ahmed .. Petitioners
Versus
S.KH.Kadhar Sultan .. Respondent
Prayer in C.R.P(PD).No.2308 of 2022 : Civil Revision Petition filed under
Article 227 of the Constitution of India to strike out the plaint/dismiss the
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1/7
C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
suit in O.S.No.5110 of 2021 on the file of the XV Assistant City Civil
Court, Chennai, filed by the 1st respondent/plaintiff and impose costs on the
1st respondent/plaintiff.
Prayer in C.R.P(PD).No.2 of 2023 : Civil Revision Petition filed under
Article 227 of the Constitution of India to strike out the plaint/dismiss the
suit in O.S.No.8228 of 2022 on the file of the XIX Additional City Civil
Court, Chennai, filed by the respondent/plaintiff as abuse of process of law
and impose cost on the respondent/plaintiff.
In C.R.P.(PD).No.2308 of 2022 :
For Petitioners : Mr.Rahul Balaji,
for Mr.P.Giridharan
For Respondents : Mr.M.B.Mushtaque Ahamed,
for R1
: Mr.K.Mahalingam, for R2
In C.R.P.(PD).No.2 of 2023 :
For Petitioners : Mr.Rahul Balaji,
for Mr.P.Giridharan
For Respondent : Mr.K.Mahalingam
COMMON ORDER
These two revisions seek to strike of the plaints on the ground that
there is an abuse of process of Court.
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C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
2. I have gone through the plaints. The principle of law which applies
for striking of a plaint is more or less akin to the principle under Order VII
Rule 11 of the Code of Civil Procedure. The only addition is that while the
Trial Court does not possess power to strike a plaint on abuse of process of
law under Order VII Rule 11 of the Code of Civil Procedure, this Court
retains the power in itself to ensure that fraudulent pleas should not continue
on the file of the Court subordinate to this Court. On going through the
pleadings in O.S.No.5110 of 2021 and O.S.No.8228 of 2022, I find that
there are triable issues.
3. In O.S.No.5110 of 2021, the wife pleads that the first defendant,
who was the erstwhile owner of the property, lost title on account of a hiba
executed by the first defendant in her favour. Insofar as O.S.No.8228 of
2022 is concerned, the first defendant, as the plaintiff in that suit, would
plead that he executed a sale deed in favour of the defendant Nos.1 and 2.
However, he would state that the said document had been executed on
account of the threats that had been held out to his sons by the defendants at
Bangkok and Hongkong. However difficult it might be for me to swallow
the story, by virtue of the fact that I am bound by the self-imposed
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C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
limitations, I am not inclined to exercise the power under Article 227 of the
Constitution of India to strike of the two plaints.
4. Mr.Rahul Balaji, learned Counsel representing Mr.P.Giridharan,
learned Counsel for the petitioners, would represent that the pleadings have
been completed in both the proceedings and it is ripe for trial. This is
confirmed by the learned Counsel for the respondents.
5. Taking into consideration that the pleadings are complete, since
important rights over immovable property are involved, it is better that the
parties face the trial and get a judgment at an early date.
6. Accordingly, these Civil Revision Petitions are dismissed. There
shall be a direction to the learned Judge, who will try O.S.No.5110 of 2021
and O.S.No.8228 of 2022, to dispose of the same within a period of nine
months from the date of receipt of a copy of this order. The judgment
should be pronounced on or before 30.06.2025 and a report should be
submitted to this Court in compliance of this order. No costs.
Consequently, connected miscellaneous petitions are closed.
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C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
12.09.2024
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
https://www.mhc.tn.gov.in/judis
C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
To
1. The XV Assistant City Civil Court,
Chennai.
2. The XIX Additional City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
V.LAKSHMINARAYANAN, J.
grs
C.R.P.(PD).Nos.2308 of 2022 and 2 of 2023
and C.M.P.Nos.11824 of 2022 and 28 of 2023
12.09.2024
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