Sivakumar v. Kamala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP NO. 4198 OF 2025 & AND CMP NO. 21565 OF 2025,CMP NO. 2395 OF 2026,

1. Sivakumar S/o.A.Balasubramaniyam, Door No.67/3, Flat No.3, Ground Floor, II Main Road, .R.A.Puram, Chennai - 600 028.

Petitioner(s) Vs

1. Kamala D/o.Raja Gopal, Rest.at.No.55/1B, BMP No.23, First Floor, 5th Main , 2nd Cross, Malleshpalya, Mew Thippasandra Post, Banglore - 5.

2.Anand Raja Gopal S/o.Raja Gopal, Rest.at.No.55/1B, BMP No.23, First Floor, 5th Main , 2nd Cross, Malleshpalya, Mew Thippasandra Post, Banglore - 5.

3.Nirmala Venkataraman W/o.Late Venkataraman, Rest.at. 67/3, First Floor, II Main Road, R.A.Puram, Chennai - 600 028.

4.Ashwini D/o.Late Venkataraman, Rest.at. 67/3, First Floor, II Main Road, R.A.Puram, Chennai - 600 028.

Respondent(s)

CRP No. 4198 of 2025 PRAYER To set aside the order dated 28-07-2025 passed in EA.SR.42288 of 2025 in EP.No.1556 of 2024 on the file of the X Asst.City Civil Court, Chennai. For Appellant(s):

P.K.Ganesh M.Thiyagarajan M.S.Ansaline Beryl For Respondent:

ORDER

CRP No. 4198 of 2025 has been filed seeking to set aside the order dated 28-07-2025 passed in EA.SR.42288 of 2025 in EP.No.1556 of 2024 on the file of the X Assistant City Civil Court, Chennai. 2.The learned counsel for the petitioner submits that the petitioner herein filed E.A.(SR).No.42288 of 2025 in E.P.No.1556 of 2024 on the file of the X Assistant City Civil Court, Chennai, seeking a direction to conduct an inquiry into his right, title, or interest in the suit property (Door No. 67/3, Flat No.3, Ground Floor, II Main Road, R.A. Puram, Chennai - 600 028) as a lawful lessee and obstructor. However, the Trial Court failed to take the petition on file and rejected the application. Aggrieved by the same, the petitioner has filed this Civil Revision Petition.

3. According to the petitioner, he occupied the suit property as a tenant through an unregistered lease agreement dated 10.01.2008 for a sum of Rs.7,00,000/-,

which is said to have been executed by one Venkataraman, the husband of the 2nd defendant. Fact reveals that a compromise decree was entered into between the parties, based on which a final decree was passed. As the respondents now intend to take delivery of possession of the property, they filed an Execution Petition, at which stage the petitioner filed the present obstruction petition. According to the petitioner, he is currently enjoying the property as a tenant under the leasehold rights granted by the said Venkataraman through the unregistered lease deed dated 10.01.2008 for a period of 36 months.

However, as rightly observed by the Execution Court, no documents were annexed to the petition to support the claim of the actual amount paid by the petitioner in furtherance of the lease, which casts suspicion on the execution of the document itself. In fact, he is said to have entered into the suit property while the suit was pending. As on date, the said Venkataraman has no right over the property and is not entitled to lease out the same. Therefore, the Trial Court rightly rejected the obstruction petition filed by the petitioner, which requires no interference.

4. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous pending petitions, if any, are closed 12-06-2026 pbl To

1. The X Assistant City Civil Court, Chennai.

2. The Section Officer, V.R Section, High Court Madras.

T.V.THAMILSELVI J.

CRP NO. 4198 OF 2025 & CMP No. 13874 of AND CMP NO. 21565 OF 2025,CMP NO. 2395 OF 2026, 12-06-2026