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Madras High CourtCMSA/10/2026dismissed

Jpg Housing And Projects Pvt. Limited v. G.Jothimani

2026-06-02Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice N.Senthilkumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR C.M.S.A.No.10 of 2026 AND C.M.P.No.4435 of 2026

1. JPG Housing and Projects Pvt. Limited Rep by its Managing Director M.J Gopinathan, 9/196, V.S.Complex, East Car Street, Avinashi, Tiruppur 641 654.

2. M.J.Gopinathan

3. G.Vanitha ..Appellants -vsG.Jothimani ..Respondent Prayer: To set aside the order dated 26.11.2025 in MA No.416/2025 in MA(SR) No.45/2025-in-Appeal No.24/2022 on the file of the Tamil Nadu Real Estate Appellate Tribunal, Chennai For Appellants:

Mr.Sunny Sheen Akkara For Respondent:

Mr.Kandhan Duraisami *****

J U D G M E N T

(Judgment of the Court was delivered by S.M.Subramaniam J.) The present Civil Miscellaneous Second Appeal has been instituted, challenging the order dated 26.11.2025 in M.A.No.416 of 2025 in M.A.(SR) No.45 of 2025 in Appeal No.24 of 2022.

2. It is not in dispute that the Complaint filed by the respondent, namely, G.Jothimani in C.No.195 of 2021 was adjudicated on merits. Tamil Nadu Real Estate Regulatory Authority passed an order on 27.04.2022. Against the said order, the appellants herein preferred an Appeal No.24 of 2022 and the said Appeal was withdrawn by the appellants herein on 23.08.2023. Subsequently, after a lapse of two years, Miscellaneous Application was filed to recall the order, stating new facts about the alleged settlement. Tamil Nadu Real Estate Appellate Tribunal considered the grounds raised in the Miscellaneous Application and found that there is no merit in the Miscellaneous Application filed by the appellants.

3. Tamil Nadu Real Estate Regulatory Authority adjudicated the issues and passed final order, which was taken by way of appeal before Tamil Nadu Real Estate Appellate Tribunal. The said appeal also came to be withdrawn in the year 2023, Thus, the Miscellaneous Application filed to recall the order after two years by stating certain new facts is not maintainable. Therefore, this Court concurs with the findings as well as decision made by Tamil Nadu Real Estate Appellate Tribunal in the order impugned dated 26.11.2025.

4. Consequently, the present Civil Miscellaneous Second Appeal stands dismissed. No costs. Connected Civil Miscellaneous Petition is closed.

(S.M.S.,J.) (N.S.,J.) 02-06-2026 Index: Yes/No Speaking/Non-speaking order AR

S.M.SUBRAMANIAM J.

AND N.SENTHILKUMAR J.

AR 02-06-2026