Allirani Joicy v. R.Rudran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Allirani Joicy W/o Bernad Loardh, No 3010 B3, Sakthi flat, Laktshimipuram Main Road, Velachery, Chennai 600 042.

..Petitioner(s) Vs

1. R.Rudran S/o K.Renganathan, 145/2, Vaikundapuram, 2nd Street, Nungambakkam, Chennai 600 034.

2. E. Ashokan S/o. Elumalai, No.3/60, Thalapathi St, Annanagar Main Road, Nallur Village, Poonamallee, Kundarathus, Chennai 069.

3. S. Antony Samy S/o. S. Selvaray, Plot No.82, Indrajagar Part 2, Nallus Village, Somanalam Post, Chennai 069.

4. M. Giri S/o. Magalingam, No.4/864, 18th Street,

Ambathkar Nagar Nandambakkam, Kundrathur, Chennai 069.

5. E.V. Gourge S/o. E.K. Varunni, Ethumanoor karan House, Chengannu, Kerala 312.

..Respondent(s) PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to pass an order directing the Hon'ble Sub-Court, Kancheepuram to dispose of the said Order VII Rule 11 petition in IA.No.1/2024 in OS.No.396/2023 on merit, pending on the file of Sub Court, Kancheepuram. For Petitioner(s):

Mr.R.Vasudevan

ORDER

This Civil Revision Petition has been filed seeking to direct the SubCourt, Kancheepuram, to dispose of the suit in OS.No.396/2023 as expeditiously within the time frame fixed by this Hon'ble Court.

2. The revision petitioner being fifth defendant before the trial court, filed IA No.1 of 2024 praying to reject the plaint on various grounds. In that application, the counter has also been filed by the first respondent /plaintiff inspite of that, the court has not disposed of the petition. Aggrieved over the same, the fifth defendant has preferred this revision petition for speedy disposal

of the said application.

2. Heard the submission of the learned counsel for the petitioner.

3. As on date, the plaintiff is aged more than 55 years. She approached the court to reject the plaint as there is no cause of action and the suit is also vexatious one and abuse of process of law. The trial court ought to have heard the said application and not adjourned the matter. Therefore, the trial court is directed to dispose of the case within a period of six weeks from the date of receipt of a copy of this order.

4. Considering the limited prayer sought for in this petition and taking note of the fact that the plaintiff is aged about more than 55 years, this Court directs the learned Subordinate Judge, Kanchipuram, to dispose of IA No.1 of 2024 in OS.No.396 of 2023 within a period of six weeks from the date of receipt of a copy of this order.

5. This Civil Revision Petition stands disposed of with the above directions. No costs.

29-04-2026 Index: Yes/No Speaking/Non-speaking order MTL To

1. The Sub Court, Kancheepuram.

T.V.THAMILSELVI, J.

MTL 29-04-2026