C.Sivaraj vs K.Kanagaraj
- Court
- Madras High Court
CRP.No.5427 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No. 5427 of 2026
& CMP.No.23553 of 2026
CNR:{HCMA010796392026}
C.Sivaraj
S/o. P.S.Chinnasamy Gounder,
Door No.7, Rames Nagar Extension,
Near Spiring Field Apartment,
P.N.Pudur, Coimbatore 641 104.
...Petitioner
Vs
K.Kanagaraj
S/o. Late. Karuppusamy Gounder
@ Karuppusamy, Door No.55/106,
Panaimara Thottam, Thaneer Pandal,
Sennannur, Thenkarai Post,
Coimbatore 641 101.
...Respondent
PETITION under Article 227 of The Constitution of India
against the fair and final order dated 26.11.2025 passed in I.A.No.9
of 2025 in O.S.No.1342 of 2021 on the file of the First Additional
Subordinate Court, Coimbatore.
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CRP.No.5427 of 2026
For Petitioner: Mr.L.Mouli
For Respondent: Mr.N.Manoharan
ORDER
This civil revision petition has been filed under Article 227 of
The Constitution of India against the order dated 26.11.2025 passed
in I.A.No.9 of 2025 in O.S.No.1342 of 2021 on the file of the First
Additional Subordinate Court, Coimbatore (for short, the Court
below) wherein the application filed by the petitioner/D9 under
Order VII Rule 11 of the Civil Procedure Code (CPC) for rejection of
the plaint, came to be dismissed.
2. Heard the learned counsel appearing on either side.
3. This Court has carefully considered the submissions of the
learned counsel on either side and perused the materials available
on record and more particularly the impugned order.
4. The respondent/plaintiff filed the said suit seeking for the
following reliefs:
“(a) To declare that the preliminary
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CRP.No.5427 of 2026
mortgage decree passed in O.S.No.392/1988 by
the Hon’ble IIIrd Additional Subordinate
Coimbatore over the suit property is null and
void, non-est and not binding upon the plaintiff;
(b) To declare that the final mortgage
decree passed in O.S.No.392/1988 by the
Hon’ble IIIrd Additional Subordinate Coimbatore
over the suit property is null and void, non-est
and not binding on the plaintiff;
(c) To declare that the sale certificate
issued in E.P.No.311 of 2005 in O.S.No.392/
1988 by the Hon’ble IIIrd Additional Subordinate
th
Coimbatore in favour of the 8 defendant over
the suit property is null and void, non-est and
not binding on the plaintiff;
(d) To declare that the sale deed dated
06.11.2019 registered vide document No.7906/
2019 at the Sub-Registrar Office, Thondamuthur
executed by the Hon’ble Third Additional District
th
Judge, Coimbatore, on behalf of 8 defendant, in
th
favour of the 9 defendant, is null and void, non-
est and not binding upon the plaintiff;
(e) To declare that the sale deed dated
07.1.2019 registered vide document No.4059/
2021 at the Sub-Registrar Office, Thondamuthur
th
executed by the 8 defendant in favour of
defendants 10, 11, 12, 13 and 14, is null and
void, non-est and not binding upon the plaintiff;
(f) Restraining the defendants, their men,
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agents and their successors from any way
interfering with the plaintiff’s peaceful
possession and enjoyment of the suit property
through an order of permanent injunction;
(g) award the costs of the suit.”
5. The petitioner, who is D9 in the said suit, filed I.A.No.9 of
2025 under Order VII Rule 11 of the CPC seeking to reject the plaint
on the ground that D8 was the auction purchaser of the suit
properties and other properties under a sale certificate dated
04.8.2011; that already E.A.No.397 of 2012 filed seeking for
delivery of possession was pending; that the respondent/plaintiff
already filed E.A.No.2 of 2020 in E.P.No.311 of 2005 on the file of
the Second Additional Subordinate Court, Coimbatore under Section
47 read with Order XXI Rule 90 of the CPC claiming for the very
same relief and the same is pending; and that while so, the said suit
has been filed, which would be barred by law. On the said grounds,
the petitioner/D9 sought for rejection of the plaint.
6. The respondent/plaintiff filed a counter and contested the
said application by putting forth all the facts.
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7. The Court below, after considering the rival contentions,
came to the conclusion that the averments made in the plaint, when
read as a whole, would clearly make out a cause of action, that the
various grounds raised would require a detailed and full-fledged trial
and that it could not be adjudicated at that stage and accordingly
dismissed the said application. Aggrieved by that, the above civil
revision petition has been filed before this Court under Article 227 of
The Constitution of India and it is converted into one under
Section 115 of the CPC and is heard by this Court.
8. On carefully considering the submissions made on either
side and perusing the materials placed before this Court, it is seen
that this case has a chequered history. The long and short of the
case is that the respondent/plaintiff is confining his right only to an
extent of 2 Acres. However, the petitioner/D9 is claiming a right
over larger extent of property by virtue of a sale deed executed in
his favour in a suit in O.S.No.551 of 2018 on the file of the Third
Additional District Court, Coimbtore, filed for specific performance
wherein the sale deed came to be executed in favour of the
petitioner/D9 by the Court on 06.11.2019.
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9. Apart from that, it is seen that D8 has created another sale
deed covering the entire suit properties in favour of D10 to D14 and
it was subsequently registered as doc.No.4059 of 2021 on the file of
the Sub-Registrar, Thondamuthur pursuant to the order dated
29.10.2020 passed by me in W.P.No.15049 of 2020.
10. The respondent/plaintiff challenged the proceedings right
from the mortgage decree that was passed in O.S.No.392 of 1988
on the file of the Third Additional Subordinate Court, Coimbatore till
the registration of the sale deed dated 06.11.2019 in favour of the
petitioner/D9 on the ground that all those transactions were null and
void in so far as the suit properties were concerned measuring an
extent of about 2 acres.
11. The main ground that has been urged on the side of the
petitioner/D9 is that the respondent/plaintiff is parallelly prosecuting
E.A.No.2 of 2020 in E.P.No.311 of 2005 filed under Section 47 read
with Order XXI Rule 90 of the CPC wherein he has questioned the
mortgage decree and also the court auction sale held on 09.1.2008
and that during the pendency of E.A.No.2 of 2020, the suit in
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CRP.No.5427 of 2026
O.S.No.1342 of 2021 came to be filed, which is clearly barred under
Order XXI Rule 103 of the CPC.
12. The learned counsel appearing for the respondent/plaintiff
has submitted that E.A.No.2 of 2020 was filed under Section 47 of
the CPC, that the scope of it is very limited and that therefore, a
substantive suit has been filed in O.S.No.1342 of 2021 and that
Order XXI Rule 103 of the CPC will not have any application in the
present case.
13. It is also seen from the records that Transfer O.P.No.166
of 2025 has also been filed before the Principal District Court,
Coimbatore to tag O.S.No.1342 of 2021 along with E.A.No.2 of 2020
pending on the file of the Second Additional Subordinate Court,
Coimbatore.
14. The respondent/plaintiff, having chosen to file a
substantive suit in O.S.No.1342 of 2021 questioning all the
transactions starting from the preliminary mortgage decree upto the
sale deed executed in favour of the petitioner/D9 on 06.11.2019,
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cannot prosecute E.A.No.2 of 2020 parallelly. In view of the same,
the respondent/plaintiff can withdraw E.A.No.2 of 2020 on the file of
the Second Additional Subordinate Court, Coimbatore and agitate
his rights in O.S.No.1342 of 2021 pending on the file of the First
Additional Subordinate Court, Coimbatore. By doing so, all the
parties can focus their attention to the claim made in O.S.No.1342
of 2021 filed by the respondent/plaintiff. If the same is done, the
ground that has been raised in I.A.No.9 of 2025 will pale into
insignificance. Even in so far as any interim protection sought for by
the respondent/plaintiff is concerned, the same has to be worked
out in O.S.No.1342 of 2021.
15. The civil revision petition is disposed of with the above
clarifications. No costs. Consequently, the connected CMP is closed.
26-10-2026
To
The First Additional Subordinate
Court, Coimbatore
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CRP.No.5427 of 2026
N.ANAND VENKATESH,J
RS
CRP.No.5427 of 2026&
CMP.No.23553 of 2026
26-10-2026
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