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Madras High CourtCRP/1603/2026disposed of

Sugumar v. T. Rajendran

2026-04-21Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 7548 OF 2026

1. Sugumar S/o. Late. Raji, No.63, Palanidiswarar Koil St, Mangadu, Chennai 112.

2. Gajendran S/o. late. Raji, No.63, Palanidiswarar Koil St, Mangadu, Chennai 112.

Petitioner(s) Vs

1. T. Rajendran S/o. M.K. Thirunavukarasu, O.No.B4, N.No.60, Veelleeshwaran Kovil St, Mangadu, Chennai 22.

2.Vijaya D/o. late. Raji, Plot No.16, Shea Kelar Nagar, Jeganathapuram, Kundarhur, Chennai 069.

3.Chandra D/o Late. Raji, No.2, Thulasi Mudali St, Perambur, Chennai 011.

4.Kalaiarasi D/o. Late. Raji, No.2, Ramar Kovil St, Nanciambakkam, Chennai 089.

5.Mala D/o. Late. Raji, No.10, Pillayar Kovil St, Siruvanur Village, Tiruvallur Taluk, Tiruvallur 631 203.

6.The Sub Registrar

Kundrathur Sub Registrar Office, Sammandam Nagar Main Road, Kundrathur, Chennai 069.

Respondent(s) PRAYER To strike off the entire proceedings in OS No.235 of 2024 on the file of the learned District Munsif Court at Sriperumbudur. For Petitioner(s):

MR.BHARATHI RAJA FOR M/S.Nathan and Associates For Respondent(s):

ORDER

The learned counsel for the petitioner submits that the petitioner has filed this Civil Revision Petition to strike off the entire proceedings in OS No.235 of 2024 on the file of the learned District Munsif Court at Sriperumbudur, on the ground that the petitioners are absolute owner of the suit property in which the plaintiff has no right and title. In fact, the 1st respondent's father filed the suit in OS No. 1041 of 2008 on the file of District Munsif Court, Sriperumbudur, for claiming adverse possession the same property and the said suit was dismissed. Now, 1st respondent filed the present suit as it vexatious. Hence, he prays to strike off the plaint.

2. On perusal of grounds raised by the petitioners, the petitioners raised allegation that respondent's have no right over the suit property as well as claiming that the petitioners have been in long uninterrupted possession of the suit property. If so, the petitioners' remedy is to strike off the plaint is available under Order 7 Rule 11 CPC, without exhausting such remedy the petitioners is not entitled to invoke the jurisdiction of this Court under Article 227 of Constitution of India. Hence, this Civil Revision Petition is dismissed. However, the petitioners are entitled to file appropriate application before the Trial Court as per manner known to law. No Costs. Pending miscellaneous petition if any, is allowed.

21-04-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The District Munsif Court at Sriperumbudur.

2. The Section officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl AND CMP NO. 7548 OF 21-04-2026