Santha Rajabather v. Mr.Nazrudeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.5428 of 2025 in C.S.(Comm.Div.) No.310 of 2023 Mrs.Santha Rajabather W/o.E.S.Rajabather, New Door No.85, Old Door No.37, 1st Main Road, Gandhi Nagar, Adyar, Chennai 600 020.

... Applicant -vsMr.Nazrudeen, S/o.Syed Mohideen, No.4/12, Mahalingapuram Main Road, Nungambakkam, Chennai 600 034.

... Respondent For Applicant : Ms.P.Bhuvanswari For Respondent : Mr.K.Harishankar **********

ORDER

By this application, the defendant seeks permission to file sale deed dated 03.07.2023.

2. Learned counsel for the plaintiff opposes the application on the ground that the sale deed has not been signed by either party. He also 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna submits that the assertion in the affidavit that the plaintiff prepared the sale deed and forwarded it to the defendant is incorrect. In addition, learned counsel submits that a reply statement would be warranted, if the present application were to be allowed.

3. While the pleadings are complete, even issues have not been framed. In the affidavit in support of the application, it is stated that there are discrepancies in the sale consideration mentioned in the agreement for sale and the sale deed.

4. Considering the stage of the suit and the reasons set out in the affidavit, the applicant has made out reasonable cause. Subject to the right of the plaintiff to file an affidavit of admission / denial, raise objections in course of trial on grounds of admissibility, relevance and proof and seek permission for filing a reply statement, this application is allowed. 05.01.2026 (1/2) rna A.No.5428 of 2025 in C.S.(Comm.Div.) No.310 of 2023 2/2 https://www.mhc.tn.gov.in/judis