R.Sekar v. R.Vasantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND CMP NO. 12313 OF 2026 R.Sekar S/o. Ranganathan, 18th, 14th Trust Cross Street, Mandavelipakkam, Chennai-28.

..Petitioner(s) Vs

1. R.Vasantha W/o. Sivalingam, 33/61,R.M.K. Nagar, New Perungulathur, Chennai-63.

2. Banumathi W/o. Arumugham, 100C, Railway Quarters, Chengalpet, Kanchipuram.

3. Jaya W/o. Pannerselvem, 88/22, 5th Street, Tambaram, Ranganathapuram, Chennai-45.

4. Tamil Nadu Urban Habitat Development Board, Rep. by its Managing Director Kamaraj Salai, Thiruvellikeni, Chennai-05.

..Respondent(s)

PRAYER : Petition filed under Article 227 of the Constitution of India, to direct the Learned XV Additional City Civil Court, Chennai, to Number the I.A SR.No.77605 of 2025 in OS No. 8673 of 2010 pending on its file at the earliest within a time frame fixed by this Court.

For Petitioner(s):

Ms.V.Archana For Respondent(s):

Mr.S.Karthikeyan, Standing Counsel for R4 Order This Civil Revision Petition is filed challenging the return of the Application filed by the petitioner in I.A SR.No.77605 of 2025 in OS No. 8673 of 2010.

2. The Trial Court has raised a maintainability issue as to how I.A SR.No.77605 of 2025 filed by the petitioner is maintainable. When a preliminary decree has already been passed in O.S.No.8673 of 2010, the petitioner will have to submit an explanation to the same to the Trial Court. Instead of doing so, the petitioner has directly filed this Civil Revision Petition.

3. Accordingly, this Civil Revision Petition is disposed of by directing the XV Additional City Civil Court, Chennai, to list I.A SR.No.77605 of 2025 in OS No. 8673 of 2010 for maintainability to enable the petitioner to convince the Trial Court that I.A SR.No.77605 of 2025 is maintainable. The Trial Court is directed to list I.A SR.No.77605 of 2025 in OS No. 8673 of 2010 for

maintainability on 25.06.2026. On the said date, the petitioner is directed to convince the Trial Court with regard to the maintainability of I.A SR.No.77605 of 2025. If the said Interlocutory Application is found to be maintainable, the Trial Court is directed to number the said Interlocutory Application, if it is otherwise in order and hear the matter on merits. If I.A.SR.No.77605 of 2025 is found not to be maintainable, the Trial Court will have to pass a speaking order after giving due consideration to the contentions of the petitioner as regards the maintainability of the application. No costs. Consequently, connected miscellaneous petition is closed.

4. Since no adverse orders are passed against the respondents in this Civil Revision Petition, notice to the respondents 1 to 3 is dispensed with by this Court.

05-06-2026 Index: Yes/No Speaking/Non-speaking order GSK To

1. Tamil Nadu Urban Habitat Development Board, Rep. by its Managing Director Kamaraj Salai, Thiruvellikeni, Chennai-05.

2. The XV Additional Judge, City Civil Court, Chennai.

ABDUL QUDDHOSE J.

GSK AND CMP NO. 12313 OF 2026 05-06-2026