Madras High Court
CRP/1385/2026 of G.Krishnaraj Vs R.Nirmala on 9 October 2026
CRP No. 1385 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1385 of 2026
CNR: {HCMA010429962026}
G.Krishnaraj
..Petitioner(s)
Vs
1. R.Nirmala
2. S.P Velu
3. N.Ramalingam
..Respondent(s)
Prayer: Petition filed under Article 227 of the Constitution of India, to allow the above CRP by setting aside the order and decree 03.02.2026
passed in I.A. No. 12 of 2025 in O.S No. 2442 of 2023 by XXII Assistant Judge, City Civil Court, Chennai.
For Petitioner(s):
Mr.P.K.Sabapathi
For Respondent(s):
Mr.P.Rajendrakumar for R1
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.12 of 2025 in O.S.No.2442 of 2023 by the XXII Assistant Judge, City Civil Court, Chennai, dated 03.02.2026, wherein, the application filed by the petitioner/plaintiff, to seek for a relief of declaration of title, came to be rejected by the Court below.
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CRP No. 1385 of 2026
2. Heard Mr.P.K.Sabapathi, learned counsel for the petitioner and Mr.P.Rajendrakumar, learned counsel for the first respondent.
3. The petitioner/plaintiff filed a suit in O.S.No.2442 of 2023, seeking for a relief of declaration to declare the judgment and decree dated 11.10.2022 passed in O.S.No.3383 of 2021 on the file of the VI Additional Judge, City Civil Court, Chennai, as null and void and not binding on the plaintiff and for permanent injunction, restraining the defendant from interfering with the peaceful possession and enjoyment of the suit property.
4. Pleadings were completed, issues were framed and the trial was at the stage of examination of witnesses on the side of the second defendant and at that stage, the application came to be filed by the petitioner in I.A.No.12 of 2025 under Order VI Rule 17 of the Civil Procedure Code for amendment of the plaint and for including the relief of declaration of title over the suit property.
5. The Court below dismissed the plaint mainly on the ground that the plaintiff has sought post trial amendment and without the plaintiff establishing that he is exercising due diligence, the Court below took into consideration the provisio to Order VI Rule 17 of the Civil Procedure Code and dismissed the application. The Court below also took into consideration the fact that the respondents/defendants were always
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denying the right and title of the petitioner right from the time when the written statement was filed and therefore, there was no reason for the plaintiff to have waited till the fag end of the proceedings. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
6. The main ground on which the plaintiff has sought for the relief of declaration of title is that the defendants are questioning the title of the plaintiff and are attempting to create a cloud over his title.
7. In the considered view of this Court, ultimately, the petitioner/plaintiff is questioning the very judgment and decree that was passed in O.S.No.3383 of 2021 in favour of the defendants in a suit for specific performance. If the plaintiff is able to establish that the decree itself does not bind the plaintiff and based on the same, his possession and enjoyment cannot be interfered with by the defendants, that is the end of the matter and does not need for seeking for any other relief. In fact, a careful reading of the averments made in the plaint only goes to show that the plaintiff wants to protect his possession over the property, which was sought to be disturbed pursuant to the judgment and decree passed in O.S.No.3383 of 2021 dated 11.10.2022.
8. If the plaintiff is able to convince the Court below to set aside the decree passed in the suit in O.S.No.3383 of 2021, the issue regarding title
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CRP No. 1385 of 2026
to the property becomes irrelevant. On the other hand, if the plaintiff is not able to convince the Court below to set aside the decree passed, claiming for the relief of declaration of title will be of no avail. Therefore, everything is revolving around the legality or otherwise of the judgment and decree passed in O.S.No.3383 of 2021 dated 11.10.2022 on the file of the VI Additional Judge, City Civil Court, Chennai.
9. In light of the above discussions, it is not necessary for this Court to interfere with the order passed by the Court below and it is left open to both the parties to raise all the grounds before the Court below, which shall be considered on its own merits and in accordance with law. This Civil Revision Petition is disposed of in the above terms and there shall be a direction to the XXII Assistant Judge, City Civil Court, Chennai, to dispose of the suit in O.S.No.2442 of 2023 within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, C.M.P.No.6676 of 2026 is closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm)
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To:
1. The XXII Assistant Judge, City Civil Court, Chennai.
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CRP No. 1385 of 2026
N.ANAND VENKATESH, J. (drm) CRP No. 1385 of 2026 09-10-2026
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