A.Sankar v. P.Natarajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI C.R.P.No.3364 of 2023
1. A.Sankar
2. A. Ramesh
3. Tita Krishnamurthy ... Petitioners Vs.
1. P. Natarajan
2. Ananda Baskaran
3. Krishnaveni @ Kowsalya
4. Santhi
5. Selvi
6. Rajasekaran
7. Geetha
8. Malliga @ Sudamani
9. Palanivel
10. Kumaravel
11. Rajavel
12. Vijayalakshmi
13. Meenakshi
14. Sudharani
15. Santhi
16. Chandrasekar
17. Gomathi
18. Kavitha
19. Vasanthi
20. Jayamalini
21. Ashok
22. Prabaharan
23. Suresh
24. Sudhahar
25. Jamuna rani
26. Sureshbabu
27. Aakash Ganga Company by Authorised Agent Sureshbabu No.59, 2nd floor, 5th cross, Sathiya Nagar, Saram, Puducherry.
28. Ravi @ Sivasubramanian
29. Space Maker Company Rep.by Authorised Agent Ravi @ Sivasubramanian Subramanian Street, Thillai Nagar, Villiyanur, Puducherry.
30. Space Maker Company Represented by Authorised
Agent Kumaravel, No.3/2, church street, Villiyanur, Puducherry.
31. State Bank of India, Rue Suffren Street, Main Branch, Puducherry, rep.by its Branch Manager.
32. State Bank of India, Siruthozhil Branch, Brindhavanam, Puducherry, Rep.by its Branch Manager.
33. Punjab National Bank Kamaraj Salai, Puducherry Rep.by its Branch Manager.
34. Indian Bank East Car Street, Villiyanur, Rep.by its Branch Manager.
35. The District Registrar, Puducherry.
36. The Sub Registrar, Villiyanur.
37. The District Registrar, Mayiladuthurai
38. Sub Registrar, Sirkali
39. District Registrar, Villupuram.
40. Sub Registrar, Vanur
41. State of Tamil Nadu by Collector of Cuddalore District.
42. State of Tamil Nadu by Collector of Cuddalore district.
43. State of Tamil Nadu by Collector of Nagapattinam district.
44. The Chief Secretary to Government of Puducherry Union of India, Puducherry.
... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India to pass an order to strike out the plaint in O.S.No.30 of 2016 on the file of the learned Principal District Court, Cuddalore being abuse of process of court and the law, as time barred and hit by limitation and suffers want of cause of action.
For Petitioners : Mr.R.Rajavelavan For Respondents : Mr.R.Gururaj for D.Baskar for R1 Mr.A.Anandan Government Advocate for R37 to R43
O R D E R
This Civil Revision Petition has been preferred to strike out the plaint in O.S.No.30 of 2016 pending on the file of the learned Principal District Court, Cuddalore.
2. Mr.R.Gururaj, learned counsel for the 1st respondent submitted that the petitioner has already filed an application for rejection of the plaint under Order 7 Rule 11 of Civil Procedure Code, and the same is pending before the trial Court in I.A.No.4 of 2019. The learned counsel for the revision petitioners fairly admits the said position.
3. In view of the above fact, it would be appropriate for the petitioners to pursue the said application before the trial Court viz., the application seeking rejection of the plaint. It would not be in the interest of the parties to seek a parallel decision to strike of the plaint. In the light of the admitted position that the petitioner has already move an application for rejection of plaint and the same is pending before the trial Court, this Court issues a direction to the trial Court to dispose of the
application in I.A.No.4 of 2019 within a period of six weeks from the date of receipt of a copy of this order. The trial Court shall decide the application under Order 7 Rule 11 of Civil Procedure Code.
4. With the above direction, the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.
Index : No 18.07.2025 Internet : Yes dpq Note: Issue order copy on 23.07.2025
P.B.BALAJI, J.
dpq To The Principal District Court, Cuddalore C.R.P.No.3364 of 2023 Issue order copy on 23.07.2025 18.07.2025
CRP No.3364 of 2023 P.B.BALAJI.,J.
At the instance of the learned counsel for the petitioners, the matter has been listed under the caption for " Being Mentioned".
2. It is stated that notice to the respondents 2 to 36 are given up by order dated 19.09.2023, which has not been reflected in the appearance column. Registry is directed to insert " Respondents 2 to 36 are given up" in the appearance column of the order dated 18.07.2025".
3. Paragraph 3 of the order shall stand deleted and substituted as follows:
" In view of the above fact, it would be appropriate for the petitioners to pursue the said application before the trial Court viz., the application seeking rejection of the plaint. It would not be in the interest of the parties to seek a parallel decision to strike off the plaint.
P.B.BALAJI.,J.
sr In the light of the admitted position that the petitioner has already moved an application for rejection of plaint and the same is pending before the trial Court, this Court directs that I.A.No.4 of 2019, which has been filed for rejection of plaint under Order VII Rule 11 of Civil Procedure Code, shall be taken up first prior to all other applications and shall be decided within a period of six weeks from the date of receipt of a copy of this order."
4. In all other aspects, the order dated 18.07.2025 remains unaltered.
5. Registry is directed to issue fresh copy of the order. 30.07.2025 sr Index:yes/no Internet:yes/no To The Principal District Court, Cuddalore CRP No.3364 of 2023