Madras High Court
CRP/530/2026 of G. Jaganathan Vs Plaza Properties Limited on 9 October 2026
CRP No. 530 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. 530 of 2026
CNR: {HCMA012646812025}
G. Jaganathan
..Petitioner(s)
Vs
1. Plaza Properties Limited
Rep by its Managing Director Shyam Prasad, No.9, Beema Sena Garden Street, 1st Floor, Mylapore, Chennai 600004.
U. Hemalatha (Died)
2. U. Vijayakumar
3. The District Registrar
South Saidapet, Chennai 600 115.
4. The Sub Registrar
East Coast Road, Neelankarai, Chennai.
..Respondent(s)
Prayer: Petition filed under Article 227 of the Constitution, to set aside the docket order passed by the District Munsif Cum Judicial Magistrate at Sholinganallur dated 25.08.2025 in IA No.1 of 2024 in OS.No.890 of 2024, on the file of District Munsif Cum Judicial Magistrate at Sholinganallur.
For Petitioner(s):
Ms.V.Anuradha
For Respondent(s):
Mr.Kishore Balasubramanian for R1
Mrs.S.Yogalakshmi
Additional Government Pleader for R4 and R5
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CRP No. 530 of 2026
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ORDER
This Civil Revision Petition has been filed against the fair and final decree made in I.A.No.1 of 2024 in O.S.No.890 of 2024 on the file of the District Munsif cum Judicial Magistrate, Sholinganallur, dated 25.08.2025, wherein, the application filed by the first respondent/plaintiff, seeking for amendment of the plaint under Order VI Rule 17 of the Civil Procedure Code, came to be allowed by the Court below.
2. Heard Ms.V.Anuradha, learned counsel for the petitioner, Mr.Kishore Balasubramanian, learned counsel for respondent 1 and Mrs.S.Yogalakshmi, learned Additional Government Pleader for respondents 4 and 5.
3. The first respondent is the plaintiff, who filed a suit in O.S.No.225 of 2008 originally before the District Munsif Court, Alandur, seeking for a relief of permanent injunction. The petitioner herein, who is the third defendant, filed I.A.No.449 of 2018, seeking for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure on the ground that there is no cause of action for maintaining the suit.
4. In the meantime, the first respondent, who is the plaintiff, filed I.A.No.125 of 2018 under Order VI Rule 17 of the Civil Procedure Code to amend the plaint, in order to claim for relief of delivery of possession on
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CRP No. 530 of 2026
the ground that the third defendant, during the pendency of the suit, had trespassed into the property.
5. The suit was subsequently transferred to the file of the District Munsif cum Judicial Magistrate, Sholinganallur and it was renumbered as O.S.No.890 of 2024. The amendment application was numbered as I.A.No.1 of 2024.
6. The Court below allowed the application by the order dated 25.08.2025 mainly on the ground that in spite of sufficient opportunity given to the petitioner/third defendant, no counter was filed. Aggrieved by the said order, the present civil revision petition has been filed before this Court.
7. The main ground that was urged on the side of the petitioner is that when the application for rejection of plaint was pending before the Court below, the Court below, instead of dealing with the said application, has allowed the amendment of pleadings. It is further contended that this amendment was sought for after ten years after the filing of the suit and the amendment goes contrary to the original relief that was sought for in the suit. It is also contended that the amendment sought for virtually changes the character of the suit.
8. In the considered view of this Court, the petitioner/third
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CRP No. 530 of 2026
defendant had not contested the amendment application before the Court below and no counter was filed and therefore, the Court below, by considering the averments made in the affidavit filed in support of the amendment application, allowed the said application. The relief of possession was sought for on the ground that the defendant had encroached upon the suit property during the pendency of the suit. The amendment that was ordered by the Court below will not cause any prejudice to the petitioner, who have already sought for rejection of plaint, which is pending from the year 2018. Hence, this Court is not inclined to interfere with the order passed in I.A.No.1 of 2024 dated 25.08.2025 and the same is sustained.
9. It is brought to the notice of this Court that till date, the application filed for rejection of plaint is pending in I.A.No.2 of 2024 before the Court below. In view of the same, there shall be a direction to the District Munsif cum Judicial Magistrate, Sholinganallur, to dispose of I.A.No.2 of 2024 after hearing both sides within a period of six weeks from the date of receipt of a copy of this order.
10. The Civil Revision Petition, accordingly, is disposed of. Consequently, C.M.P.No.2801 of 2026 is closed. There shall be no order as to costs. Index: Yes/No 09-10-2026 Speaking/Non-speaking order
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CRP No. 530 of 2026
Neutral Citation: Yes/No (drm) To:
1. The District Registrar South Saidapet, Chennai 600 115.
2. The Sub Registrar East Coast Road, Neelankarai, Chennai.
3. The District Munsif Cum Judicial Magistrate, Sholinganallur.
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CRP No. 530 of 2026
N.ANAND VENKATESH, J. (drm) CRP No. 530 of 2026 09-10-2026
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