Sivanantham v. G.Mahendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19/08/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.3285 of 2024 and CMP(MD) Nos.18963 of 2024 and 13457 of 2025

1. Sivanantham,

2. Latha ... Petitioners Vs G.Mahendran, S/o.Gurusamy, No.41a, Chetti Street, Pattukkottai Town and Taluk, Thanjavur District..

... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India to strike off the plaint in O.S.No.116 of 2022 on the file of the III Additional district and sessions Judge, Thanjavur at Pattukkottai.

For Petitioner : Ms.J.Anandhavalli For Respondents : Mr.B.Anandan 1/4

ORDER

This Civil Revision Petition is filed to strike off the plaint in O.S.No.116 of 2022 on the file of the III Additional district and sessions Judge, Thanjavur at Pattukkottai.

2. The petitioners are the defendants in OS No.116/2022 on the file of the III Additional District and Sessions Judge, Thanjavur. The said suit was instituted by the respondent/plaintiff for specific performance on the basis of the sale agreement of the year 2010. The period prescribed in the sale agreement is only three years, whereas, the suit is filed after a lapse of 12 years, which is impermissible and on the ground of delay, the petitioner is before this Court with this petition to strike off the plaint.

3. I have considered the rival submissions and perused the materials available on record.

4. From the perusal of the records, it is seen that the sale agreement is of the year 2010. The suit is filed in the year 2022, ie., after a lapse of 2/4

twelve long years. When the period prescribed in the sale agreement is only three years, filing a suit after a period of more than 12 years, is impermissible one. However, the grounds raised are triable in nature and it can be adjudicated and tried at the time of trial only. At the time of progressing the trial, filing a petition by invoking Article 227 of the Constitution of India is not sustainable. Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioner to canvas all the points at the time of trial. No costs. Consequently connected Miscellaneous Petitions are closed.

19.08.2025 NCC : Yes/No Index : Yes/No RR TO 1.The III Additional district and sessions Court Thanjavur at Pattukkottai 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) No.3285 of 2024 Date : 19/08/2025 4/4