K.G.Gokkul v. C.Sridharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.2733 of 2026 K.G.Gokkul ... Petitioner vs.

1.C.Sridharan 2.Ramabai 3.Nandhini 4.Priyanka ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 12.08.2025 passed in I.A.No.1 of 2022 in O.S.No.1 of 2021 on the file of the District Munsif Court, Tambaram and allow the above C.R.P. For Petitioner : Mr.P.Senthil Kumar 1/6

O R D E R

The Civil Revision Petition is filed challenging the order passed by the District Munsif Court, Tambaram in I.A.No.1 of 2022 in O.S.No.1 of 2021, dated 12.08.2025 allowing the application filed by the 1st respondent seeking permission to file additional written statement.

2. The petitioner herein filed a suit for permanent injunction against the respondents. The 1st respondent filed written statement denying the Settlement Deed dated 20.10.2008 under which the petitioner claimed right over the suit property. The 1st respondent also denying possession of the petitioner and claiming possession over the suit property. After filing of the written statement, the instant application has been filed by the 1st respondent seeking permission to file additional written statement.

3. It is the case of the 1st respondent that he filed a separate suit against the petitioner and his brother in O.S.No.23 of 2022 seeking declaration and other reliefs in respect of the very same property. The petitioner and his brother entered appearance in the suit and filed their written statement and the said suit is pending. 2/6

4. While filing the written statement, the 1st respondent failed to mention about the suit filed by him against the petitioner and pendency of the same. To include the fact regarding the filing of the suit by the 1st respondent in O.S.No.23 of 2022, he wants to file additional written statement. The said application was allowed by the Trial Court and aggrieved by the same, the petitioner has come before this Court.

5. The learned counsel appearing for the petitioner would submit that in the present suit absolutely there is no need for the 1st respondent to mention about the suit for declaration filed by him in O.S.No.23 of 2022 and therefore, the Trial Court had committed an error in allowing the application.

6. It is not in dispute the suit in O.S.No.23 of 2022 has been filed by the 1st respondent in respect of the very same property seeking relief of declaration and other consequently reliefs. The filing of O.S.No.23 of 2022 by the 1st respondent and pendency of the same has not been disputed by the petitioner. Due to the incorporation of above said real fact by the 1st respondent in his pleadings by way of additional written statement, no prejudice will be caused to the petitioner. Even assuming the additional 3/6

written statement filed by the 1st respondent may not be necessary for the purpose of effective disposal of the present suit, in the absence of any prejudice to the petitioner, the order impugned in this revision need not be interfered with. Therefore, this Court is not inclined to entertain this civil revision petition.

7. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. 06.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm 4/6

To The District Munsif Court, Tambaram.

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S.SOUNTHAR, J.

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