Saree Sansar v. S.Nandakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :03.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI C.R.P.No.1525 of 2025 and CMP No.8887 of 2025 1.M/s Saree Sansar Partnership Firm, Rep by its Partner, Inderchand, Having his office at No.859, Raja Street, Coimbatore-641 001.

2. Inderchand .... Petitioners vs S.Nandakumar ... Respondent Civil Revision Petition filed under Article227 of the Constitution of India against the suit proceedings in O.S.No.110 of 2023 on the file of V Additional District Judge, Coimbatore and prays to strike off the plaint. For Petitioners : Mr.J.Jayan

ORDER

Heard the learned counsel for the petitioner.

2. The revision petitioner has sought to strike off the plaint in O.S.No.110 of 2023 on the file of V Additional District Court, Coimbatore. 1/4

3. Learned counsel for the petitioner would submit that the petitioner was a tenant under the respondent and there was a compromise, pending eviction proceedings and the petitioners have vacated and handed over the vacant possession as early as 01.02.2021 and no amount was due and payable on such date. However, the respondent has proceeded to go behind the agreed terms of compromise and filed the instant suit as if the petitioners are due and payable of the arrears amount.

4. I have gone through the plaint averments. I do not find any justifiable ground to strike off the plaint by exercising the power under Article 227 of the Constitution of India. Therefore, the Civil Revision Petition is dismissed. However, dismissal of the present civil revision petition shall not prevent the petitioners from exercising their rights, if any, by invoking the provision under Order VII Rule 11of Civil Procedure Code.

No costs. Consequently, connected miscellaneous petition is closed. 03.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr 2/4

To The V Additional District Court, Coimbatore 3/4

P.B.BALAJI.,J.

Sr 03.06.2025 4/4