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Madras High CourtCRP/6286/2025dismissed as infructuous

D.Valliammai v. V. Subramaniam

2026-02-11Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.31189 of 2025 D.Valliammai W/o. Dinakaran, No. 2, Annai Illam, Kumarappa Ambalam Street, Senjai, Karaikudi, Sivagangai - 630001.

Represented by her Power Agent Mr. Seeni.

... Petitioner (Mr.Seeni as Power Agent of P-1 viz, D.Valliammai vide court order dated 19.11.2025 made in CMP.No.28026 of 2025 in CRP.SR.No.163309 of 2025) vs.

1.V.Subramaniam 2.Dinakaran ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal order made in I.A.No.3 of 2025 in O.S.No.282 of 2025 dated 21.08.2025 on the file of the XXI Assistant City Civil Judge, Chennai and allow the present Civil Revision Petition.

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For Petitioner : Mr.K.M.C.Arunmokan For R1 : Vacated For R2 : No Appearance

O R D E R

The Civil Revision Petition is filed challenging the order passed by the XXI Assistant City Civil Judge, Chennai in I.A.No.3 of 2025 in O.S.No.282 of 2025 dated 21.08.2025 dismissing the application filed by the petitioner and 2nd respondent herein seeking rejection of the plaint.

2. The 1st respondent filed a suit for permanent injunction restraining the petitioner and 2nd respondent herein from interfering with his peaceful possession and enjoyment of the suit property, except by due process of law.

3. The learned counsel appearing for the petitioner would submit that the petitioner filed R.L.T.O.P.No.53 of 2025 on the file of the XIV Small Causes Court, Chennai and the same was decreed and in the said original petition, eviction was ordered. Subsequently, the petitioner filed execution petition in E.P.No.1148 of 2025 on the file of the XV Small Causes Court, Chennai and she has taken delivery of the possession of the property from Court on 09.02.2026.

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4. In view of the same, nothing survives for further consideration in this civil revision petition.

5. Accordingly, the Civil Revision Petition is dismissed as infructuous. It is open to the petitioner to appraise the situation before the Trial Court and get the suit dismissed recording delivery of the possession in favour of the petitioner through Court. No costs. Consequently, the connected civil miscellaneous petition is closed. 11.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The XXI Assistant City Civil Judge, Chennai.

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S.SOUNTHAR, J.

dm 11.02.2026 4/4