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2025 DAILYLAW 8424 (MAD)

S. Kokila v. M.T. Farzana Begam

CRP/2779/2025 · 2026-07-15

Abdul Quddhose

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.No.2779 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.07.2026 CORAM THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.R.P.No.2779 of 2025 & C.M.P.No.15712 of 2025 S.Kokila ..Petitioner Vs. 1. M.T.Farzana Begam 2. Balamurugan 3. C.Rajasekar ..Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the suit filed in O.S.No.1027 of 2024 on the file of the District Munsif Court, Coimbatore. For Petitioner : Mr.M.Jaikumar For Respondents : Mr.T.Arunkumar for R1 & R2 O R D E R This civil revision petition has been filed seeking to strike off the suit filed in O.S.No.1027 of 2024, on the file of the District Munsif Court at Coimbatore. 1\4 https://www.mhc.tn.gov.in/judis C.R.P.No.2779 of 2025 2. The petitioner is the second defendant in the suit. The suit has been filed by the respondents 1 & 2 against the petitioner and the third respondent, seeking for a permanent injunction to restrain the defendants in the suit from interfering with the plaintiffs’ peaceful possession and enjoyment of the suit schedule property. The petitioner claims that the suit filed by the respondents 1 & 2 / plaintiffs is an abuse of the process of law. On that ground, the petitioner has filed this civil revision petition seeking to strike off the suit. 3. The law is now well settled as laid down by the recent decision of the Hon’ble Supreme Court in the case of P.Suresh Vs. D.Kalaivani and others reported in 2026 SCC OnLine SC 143 that the application under Article 227 of the Constitution of India seeking to strike off an entire plaint is not maintainable as an alternative statutory remedy is available for the party under the Code of Civil Procedure by filing an application under Order VII Rule 11 of CPC for rejection of plaint. Without exercising the said remedy, the petitioner has directly approached this Court by filing the present civil revision petition under Article 227 of the Constitution of India. 2\4 https://www.mhc.tn.gov.in/judis C.R.P.No.2779 of 2025 4. In view of the settled law referred to supra, this civil revision petition is not maintainable. The only remedy available to the petitioner is to file an application under Order VII Rule 11 of CPC seeking for the rejection of plaint. 5. For the foregoing reasons, this Court is not inclined to entertain this civil revision petition. Accordingly, this Civil Revision Petition is disposed of by granting liberty to the petitioner to approach the trial Court by filing an application under Order VII Rule 11 of CPC seeking for rejection of plaint on the very same ground that has been raised in this civil revision petition. No costs. Connected miscellaneous petition is closed. 15.07.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To The District Munsif Court, Coimbatore. 3\4 https://www.mhc.tn.gov.in/judis C.R.P.No.2779 of 2025 ABDUL QUDDHOSE, J. vji C.R.P.No.2779 of 2025 & C.M.P.No.15712 of 2025 15.07.2026 4\4 https://www.mhc.tn.gov.in/judis