[Cites 3, Cited by 0]
Madras High Court
Chennakesavulu N vs Azizul Karim on 7 April, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRP No. 2002 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 2002 of 2026
AND
CMP NO. 8911 OF 2026
1. Chennakesavulu N
S/o. N.Thirupal,
13A, Kanchi Nagar,
Vinayagapuram,
Chennai-600 099
2. K.Vijaylakshmi
W/o J.Krishnamurthy
Flat 1 A sounjanya Apartments,
New No.53, 53rd Street,
Ashok Nagar, Chennai 600083
3. Lakshmipathy
S/o D.Krishnan
No.7, Sri Raghavendra Nagar Extension,
VPC Nagar 4th Street,
Ponniammanmedu,
Chennai 600 110
4. M. Kalavathy
W/o M.Prakash
No.221, Astalakshmi Nagar
16th Street,
Alapakkam, Chennai 600 116
5. E.Ramadevi
W/o E.Ramana Reddy
No.37/18, Pallappan Street,
Triplicane,
Chennai 600 005
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CRP No. 2002 of 2026
6. Maddula Rajasekara Reddy
S/o Koti
No.47, Sastry Nagar Extension,
Kolathur,
Chennai 600 099
7. R.Sirsha
W/o Venkatanarayana
No.2A, United Colony,
3rd Street,
Kolathur,
Chennai 600099
8. N Vijayalakshmi
W/o N Venkatram
No.1203, A Block,
Casagrand Norther Star,
GNT Road, Chennai 600 110
..Petitioner(s)
Vs
1. Azizul Karim
S/o. Abdul Malik,
Res. at No.42,
Coral Merchant Street, Chennai-600 001.
2. Mustari Begum
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
3. Mohammed Jaffer
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
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CRP No. 2002 of 2026
4. Rizwana Bee
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
5. Ameena Bee
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
6. Rahimunnisa Begum
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
7. Fathimunnia Alias Fathima
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
8. Abidunnisa Alia Aahithab Banu
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
9. Kariunnisa
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
10.Noorjahan
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
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CRP No. 2002 of 2026
11.Mohammed Jaffer
D/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
12.M.Sheik Abdullah
S/o Late Shaik Mohammed Meya,
Res at No.6,
Jaffer Syrang Street,
Chennai 600 001
..Respondent(s)
PRAYER IN CRP No. 2002 of 2026
Civil Revision Petition filed under Art. 227 of Constitution of India,
praying to set aside the judgement and decree in Os.No.146 of 2017 dated 23-
07-2019, on the file of the District Munsif, Thiruvottriyur.
PRAYER IN CMP No. 8911 of 2026
Civil Miscellaneous Petition filed under Sec.151 of C.P.C., praying to
issue an ad interim stay of the judgement and decree in Os.No.146 of 2017
dated 23-07-2019, on the file of the District Munsif, Thiruvottriyur, pending
disposal of the above CRP.
For Petitioner(s): Mrs.Srimathi V.
ORDER
Aggrieved over the impugned judgment and decree passed in O.S.No.146
of 2017 by the learned District Munsif, Thiruvottiyur, the Revision
Petitioners/third parties preferred this Civil Revision Petition.
2. The Revision Petitioners are the third parties to the suit filed this Civil
Revision Petition praying to set aside the judgment and decree passed in
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O.S.No. 146 of 2017 on the ground that it is not a valid decree and the trial
judge by non-application of mind granted such a decree in favour of plaintiff in
the suit in O.S.No.146 of 2017 without satisfying the requirement under Order
20 Rule 4(2) of C.P.C. To that effect, the learned counsel for revision
petitioners relied the ratio laid down in the authority held in the case of Asma
Lateef and anr. vs. Shabbir Ahmed and others reported in 2024 (4) SCC
696. The learned counsel also pointed out that the 1 st respondent/plaintiff, who
is an advocate by profession, had manipulated the records and came forward
with the suit against the defendants in a collusive manner by creating the sale
deed dated 12.12.2015 as if the entire suit property belong to the defendants in
that suit and with whom, he entered into a sale agreement and also claimed that
possession was handed over to him. Based on that, he came forward with the
suit for the relief of permanent injunction without any material proof. To that
effect, the trial judge had simply granted such decree, but it was an exparte
decree in his favour, however, the revision petitioners are the original owners of
the suit property by way of purchase, besides, the defendants in that suit are not
owners of the suit property. In between them, there were various litigation arose
and even before this court, the Writ Petition was filed by one of the defendants
in the suit and the same was dismissed by this court by imposing heavy cost on
seeing the conduct of party. All these years, they have colluding together filed
the suit and obtained an order of exparte decree against the property, which is
not a vacant site as described in the plaint schedule. The trial judge also by non-
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application of mind granted such a decree, which is clear abuse of process of
law and the decree passed by the trial judge as such is erroneous one and the
same is liable to be set aside.
3.Issue notice to the respondents returnable by 18.06.2026. Private Notice
is also permitted. Until then, all further proceedings in the Judgment and Decree
passed in O.S.No.146 of 2017 by the District Munsif, Thiruvottriyur is ordered
to be stayed.
4. On perusal of the decree, the fact reveals that the Presiding Officer
of District Munsif Court, Thiruvottriyur had passed the decree without
applying her judicial mind. Therefore, Registry is directed to call for
remarks from the concerned Presiding Officer and submit the report
before this court on 18.06.2026.
5. Post the matter on 18.06.2026.
07-04-2026
RPP
To
The District Munsif, Thrivottriyur.
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T.V.THAMILSELVI J.
RPP
AND
CMP NO. 8911 OF 2026
07-04-2026
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