P.Selvi v. Pattammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI and CMP. No.14110 of 2025 P. Selvi Petitioner(s) Vs 1.Pattammal 2.Karunanithi 3.The Sub-Registrar, Sub -Registrar Office, Tiruvannamalai District.

Respondent(s) PRAYER: This Civil Revision Petition under Article 227 of the Constitution of India, to strike off the plaint in O.S. No.138 of 2024 on the file of the District Munsif Court, Polur. For Petitioner : Mr.S.Ananth For Respondents : Mr.P.Gurunathan, Additional Government Pleader for R3 **********

ORDER

The petitioner seeks to strike off the plaint in O.S.No.138 of 2024 on the file of the learned District Munsif, Polur. 1/4

2. Heard the learned counsel for the petitioner, Mr.S.Ananth and Mr.P.Gurunathan, learned Additional Government Pleader for R3.

3. The specific contention of the petitioner is that the petitioner has purchased the property from the erstwhile owner even in the year 2005, in and by way of registered sale deed during the lifetime of the vendor of the petitioner. The vendor did not raise any dispute whatsoever with regard to the validity of the sale deed. However, subsequent to the demise of the petitioner's vendor, after lapse of 17 years, his legal heirs have chosen to institute the suit on frivolous grounds.

4. I am unable to see a case made out for striking off the plaint invoking the extraordinary power under Article 227 of the Constitution of India. However, it shall be open to the petitioner to move an appropriate Application under Order VII Rule 11 of Code of Civil Procedure, 1908 seeking rejection of the plaint. 2/4

5. With the above liberty, this Civil Revision Petition is dismissed. No costs.

20.06.2025 rkp Index : Yes / No Internet : Yes / No To:

1. The District Munsif Court, Polur.

2.The Sub-Registrar, Sub -Registrar Office, Tiruvannamalai District.

3/4

P.B.BALAJI, J., rkp and CMP. No.14110 of 2025 20.06.2025 4/4