Madras High CourtCRP(MD)/2657/2025dismissed

Ayeekkannu v. Chelladurai

2025-09-24Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.09.2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU C.R.P(MD). No.2657 of 2025 and C.M.P.(MD)No.15602 of 2025 Ayeekkannu ... Petitioner Vs.

1. Chelladurai

2. Nagarajan

3. Muthaiah Konar

4. Kaliyaperumal Konar

5. Chinnaiah Konar

6. Palraj

7. Kannaiyan

8. Katturaja

9. Mathi

10. The Sub Registrar,, Sub Registrar Office, Budalur,Thanjavur District.

11. The Tahsildar, Tahsildar Office, Budalur,Thanjavur District..

12. The District Collector,, District Collector Office, Thanjavur.

... Respondents 1/4

PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to strike off the plaint in O.S. No.114 of 2025 on the file of the Principal District Judge, Thanjavur and allow the present Civil Revision Petition.

For Petitioner : Mr.M.Saravanan, For Respondents : Mrs.P.S.Ahamed Yashmin Parvin, Government Advocate (Crl.Side) for R10 to R12

ORDER

This Civil Revision Petition is filed to strike off the plaint in O.S. No.114 of 2025 on the file of the Principal District Judge, Thanjavur.

2. The suit has been instituted without any cause of action and based upon a sale agreement executed without any title to the property. This Court had queried upon the learned counsel for the petitioner as to why he had not been moved an application under Order VII Rule 11 C.P.C., for rejection of the plaint on the very same ground.

3. Learned counsel for the petitioner would submit that if such liberty is granted to him, he would move the said application. 2/4

4. The petitioner has a remedy for rejection of the plaint on the very same ground that he had raised in this Civil Revision Petition. In such view of the matter, this Civil Revision Petition is dismissed with liberty to the petitioner to raise all her contention in an application to be filed under Order VII Rule 11 C.P.C., if he desires.

5. With the above liberty, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition stands closed. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No LS TO

1. The Principal District Judge, Thanjavur.

2. The Sub Registrar, Sub Registrar Office, Budalur, Thanjavur District..

3. The Tahsildar, Tahsildar Office, Budalur,Thanjavur District.

4. The District Collector,, District Collector Office, Thanjavur.

3/4

K.KUMARESH BABU,J.

LS CRP(MD) No.2657 of 2025 24.09.2025 4/4