Extracted from the PDF above. The PDF is authoritative.
CRP.No.2702 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2025
CORAM :
THE HONOURABLE MR. JUSTICE P.B. BALAJI CRP.No.2702 of 2025 and CMP.No.15280 of 2025
1. Mary Jasmine Pichamuthu
2. Johnson Selvaraj ...Petitioners Vs.
1. V. Brindha Devi
2. U.Dilip
3. Venishaa Promoters Pvt. Ltd., No.11/51, 12th Main Road, V-Block, Anna Nagar, Chennai – 600 040. Rep. by its Managing Director, V.Brindha Devi.
4. Nithyanandam Ponnuswamy
5. C.Kandan
6. M/s. Punjab National Bank Housing Finance Ltd., Plot No.11, 2nd Floor, Door No.2A, Venatesan Street, East Tambaram, Chennai – 600 059.
Also at: Registered Office at: 9th Floor, Antriksh Bhawan, 22 Kasturba Gandhi Marg, New Delhi – 110 001. Page No.1 of 6 https://www.mhc.tn.gov.in/judis
CRP.No.2702 of 2025
7. M/s. The Fed Bank Financial Services Ltd., Ward No.144, 145, Maalavika Centre, 3rd Floor, Kodambakkam High Road, Tirumurthy Nagar, Nungambakkam, Chennai – 600 034. Also at: Corporate Office at: Kanika Wall Street, Unit Nos.501, 502, 511, 512 & 513, 5th Floor, “A” Wing, Andheri Kurla Road, Chakala, Andheri (East), Mumbai – 400 093.
8. The Sub Registrar's Office, Union Office Complex, Dunlop Ambattur, Chennai – 600 053. ...Respondents Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Hon'ble Principal District Munsif, Poonamallee to dispose the O.S.No.313 of 2023 within a period of six months. For Petitioners : Ms.P.Meghana Nair For Respondents : Mr.N.Ganesh, for R4 Mr.M.Karthikeyan for M/s.A.Damodaran Law Firm, for R6 Mr.M.Ajmal Azzath, for R7 Mr.A.Anandan, GA, for R8
ORDER I have heard the learned counsel on either side and I have also perused the materials available on record. Page No.2 of 6 https://www.mhc.tn.gov.in/judis
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2. The petitioners are the plaintiffs who seek for a limited prayer of expeditious disposal of the suit in O.S.No.313 of 2023 pending on the file of the learned Principal District Munsif, Poonamallee. 3. The present revision is opposed by the respondents on the ground that the defendants in the suit have already moved an application for rejection of plaint contending that, the suit itself is not maintainable and therefore, the prayer for expeditious disposal of the suit cannot be granted. 4. It is also brought to my notice that as against the bank, the 2nd petitioner has moved this Court in W.P.No.27007 of 2025 and vide order dated 25.07.2025, the Hon'ble Division Bench of this Court has stayed the order directing deposit of 25% of Rs.93 Lakhs until further orders and also clarified stating that the said stay order will not affect the order insofar as maintaining status quo is concerned. 5. In the light of the above, this Civil Revision Petition is disposed of, directing the trial court to expedite the hearing in the application Page No.3 of 6 https://www.mhc.tn.gov.in/judis
CRP.No.2702 of 2025 under Order VII Rule 11 of CPC, seeking to reject the plaint, conduct enquiry, hear the parties and pass final orders on or before 29.08.2025. 6. Subject to the decision that may be taken in the above application under Order VII Rule 11 of CPC, if the trial court comes to the conclusion that the plaint is not liable to be rejected and trial is necessary, then the trial in the suit in O.S.No.313 of 2023 shall be expedited and the said suit shall be disposed of within a period of four (4) months thereafter. 7. At this juncture, the learned counsel for the 6th respondent states that the he has been set exparte in the suit and the 6th respondent has to take out necessary application for setting aside the said exparte order. 8. Ms.P.Meghana Nair, the learned counsel for the petitioners states that she has no serious objection for any such application if filed to be entertained and allowed, in order to avoid further delay. Page No.4 of 6 https://www.mhc.tn.gov.in/judis
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9.
Therefore, if the 6th respondent files any such application within a period of two weeks from the date of receipt of a copy of this order, the said application shall be formally taken on file and allowed, subject to the trail court coming to a conclusion as to whether the application seeking rejection of plaint to be entertained or not. 10. The trial court shall independently decide the application under
Order VII Rule 11 of CPC, without being influenced by any of the observations, if any, made herein above.
11. With the above observations and directions, this Civil Revision petition stands disposed of. No costs. Consequently, the connected Miscellaneous petition is closed. 06.08.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No Page No.5 of 6 https://www.mhc.tn.gov.in/judis
CRP.No.2702 of 2025 P.B. BALAJI
, J.
skt To
1. The Principal District Munsif Court, Poonamallee.
2. The Sub Registrar's Office, Union Office Complex, Dunlop Ambattur, Chennai – 600 053. CRP.No.2702 of 2025 and CMP.No.15280 of 2025 06.08.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis