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2025 DAILYLAW 9345 (MAD)

ANANDH v. RADHAKRISHNAN

CRP/2806/2025 · 2026-08-17

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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CRP No.2806 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-08-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Civil Revision Petition No.2806 of 2025 and C.M.P.No.15897 of 2025 Anandh S/o.Murugan ..Petitioner Vs 1. Radhakrishnan S/o.Nachimuthu Gounder 2. Mahendra Prabhu S/o.Nataraj 3. P.Kirubakaran @ Giri S/o.Palanisamy Gounder 4. P.Thiruvasakam @ Dhanabal S/o.Palanisamy Gounder 5. P.Samundeswari D/o.Palanisamy Gounder 6. P.Rajeswari D/o.Palanisamy Gounder 7. P.Sundarammal W/o.Palanisamy Gounder 8. The Sub Registrar Pollachi, having office at Coimbatore Road, Pollachi Taluk. ..Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to strike off the plaint in O.S.No.299 of 2025 on the file of District Court, Coimbatore, as it is a gross abuse of process of law, barred by limitation and hit by the principles of res judicata. https://www.mhc.tn.gov.in/judis CRP No.2806 of 2025 __________ Page2 of 4 For Petitioner : Ms.K.Dharanee for Srimathi V. For Respondents : Mr.V.Ravi [R1] Mr.B.Bharath Kumar for Mr.V.Nicholas [R2 to R7] Mrs.S.Yogalakshmi Additional Government Pleader [R8] ***** ORDER This civil revision petition has been filed under Article 227 of the Constitution of India to strike off the plaint in O.S.No.299 of 2025 on the file of District Court, Coimbatore, on the ground of abuse of process of law, the relief being barred by limitation and the relief sought for barred by the principles of res judicata. 2. Heard learned counsel for petitioners, learned counsel for first respondent, learned counsel for respondents 2 to 7 and learned Additional Government Pleader appearing for eighth respondent and carefully perused the materials available on record. 3. In the considered view of this Court, the present revision seeking for striking off plaint is not maintainable in the light of the judgment of the Apex Court in P.Suresh v. D.Kalaivani and others [2026 SCC OnLine SC 143]. The grounds raised by the petitioner touching upon the issue of limitation are https://www.mhc.tn.gov.in/judis CRP No.2806 of 2025 __________ Page3 of 4 grounds that are available under Order VII Rule 11 CPC. Hence, the petitioner can file an appropriate application before the Court below and the Court below shall deal with the same on its own merits and in accordance with law after affording opportunity to all concerned parties. This civil revision petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 17-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The District Court, Coimbatore. https://www.mhc.tn.gov.in/judis CRP No.2806 of 2025 __________ Page4 of 4 N.ANAND VENKATESH, J. gm Civil Revision Petition No.2806 of 2025 17-08-2026 (2/2) https://www.mhc.tn.gov.in/judis