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Madras High CourtCRP/5959/2025dismissed

J.Karunakaran v. The General Manager / Manager

2025-11-27Honourable Mr.Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.R.P.No.

of 2025 and C.M.P.No.

29458 of 2025 J.Karunakaran ... Petitioner vs.

1.The General Manager/Manager, State Bank of India, Stressed Assets Recovery Branch, Egmore Branch, Chennai - 60 008.

2.The General Manager/Manager, State Bank of India, Retail Assets Central Processing Centre, (RACPC-Anna Nagar) Door No.D-128, 3rd Floor, First Main Road, D-Block, Near Chintamani Circle, Anna Nagar East, Chennai - 600 102.

3.SPL PBB, Anna Nagar, F-66, Gr F1, First Avenue, Anna Nagar East, Chennai - 600 102.

... Respondent 1/7

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the Order and Decretal Order dated 01.08.2025 passed in Interlocutory Application No.8 of 2025 in O.S.No.1642 of 2019 on the file of IV Assistant City Civil Court at Chennai. For Petitioner : M/s.Yash Rathi

O R D E R

The Civil Revision Petition is filed challenging the order passed by the IV Assistant City Civil Court, Chennai in I.A.No.8 of 2025 in O.S.No.1642 of 2019, dated 01.08.2025 dismissing the application filed by the petitioner/plaintiff seeking to receive the additional documents, which were not filed along with plaint.

2. The petitioner herein filed a suit for injunction restraining the defendants from interfering with his possession.

3. It is pertinent to note that in the plaint prayer, the petitioner sought for mandatory injunction. However, having regard to the nature of relief 2/7

sought for in the plaint, this Court feels that the prayer shall be read only as permanent injunction restraining the defendants from interfering with his possession. The prayer in the plaint is not happily worded. Now, the petitioner filed an application for receipt of certain additional documents, which were not filed along with plaint. The said application was dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this Court.

4. The learned counsel appearing for the petitioner would submit that the documents sought to be filed by the petitioner are vital documents to prove the case. Therefore, in the interest of justice, the application shall be allowed.

5. It is seen from the impugned order and typed-set of papers, it is clear that earlier the petitioner filed similar application for receipt of additional document in I.A.No.7 of 2024 and the same was dismissed. A perusal of the order in I.A.No.7 of 2024 would indicate the said application was opposed by the respondent on the ground that the similar application for marking of additional documents was already filed by the petitioner and 3/7

the same was dismissed.

6. Notwithstanding the dismissal of I.A.No.7 of 2024, the petitioner herein has come up with another application for receipt of additional documents. The Trial Court after referring to the dismissal of the earlier applications for receipt of additional documents filed by the petitioner, dismissed the present application. If the petitioner is aggrieved by the order passed by the Trial Court in I.A.No.7 of 2024, dated 04.03.2025, he ought to have challenged the said order. Instead of challenging the order passed in I.A.No.7 of 2024, the petitioner filed another application seeking reception of additional documents again. The same is nothing but abuse of process of law. Therefore, this Court is not inclined to interfere with the impugned order passed by the Trial Court in I.A.No.8 of 2025 in O.S.No.1642 of 2019, dated 01.08.2025.

7. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. 27.11.2025 Index : Yes / No 4/7

Speaking order : Yes / No : Yes / No dm 5/7

To

1. The IV Assistant City Civil Court, Chennai.

2.The General Manager/Manager, State Bank of India, Stressed Assets Recovery Branch, Egmore Branch, Chennai - 60 008.

2.The General Manager/Manager, State Bank of India, Retail Assets Central Processing Centre, (RACPC-Anna Nagar) Door No.D-128, 3rd Floor, First Main Road, D-Block, Near Chintamani Circle, Anna Nagar East, Chennai - 600 102.

6/7

S.SOUNTHAR, J.

dm C.R.P.No.

of 2025 .11.2025 7/7