Madras High Court
CRP/6331/2026 of Anitha Srilekha Vs Sukasini on 6 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No. 6331 of 2026
& CMP.No.27272 of 2026
CNR:{HCMA012253872026}
Anitha Srilekha
W/o Chandra Sekar,
Uyir Shakthi Iyarkai
Panpaadu Centre,
Thudiyalur,
Coimbatore- 641 034.
Presently residing at
13, Melos Place,
Kawana Island,
QLD-4575, Austraila.
...Petitioner
Vs
Sukasini, W/o Ramesh,
Door No.13, G.N.Mills Post,
Suryalakshmi Garden Extension,
Coimbatore-641029.
...Respondent
PETITION under Article 227 of The Constitution of India against the docket order dated 15.7.2025 in unnumbered I.A.(SR)
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No.13013 of 2026 in I.A.No.1 of 2025 in O.S.No.32 of 2025 on the file of the 1st Additional District Munsif Court, Coimbatore and direct the said Court to number the same.
For Petitioner:
Mr.K.Venkatasubban for
M/s.Sarvabhauman Associates
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ORDER
This civil revision petition has been filed under Article 227 of The Constitution of India questioning the docket order dated 15.7.2025 in unnumbered I.A.(SR) No.13013 of 2026 in I.A.No.1 of 2025 in O.S.No.32 of 2025 on the file of the 1st Additional District Munsif Court, Coimbatore (for short, the Court below) and seeking for a direction to the Court below to number the said application and to hear the case on merits.
2. Heard the learned counsel appearing on behalf of the petitioner.
3. This Court has carefully considered the submissions of the learned counsel appearing on behalf of the petitioner and perused
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the materials available on record and more particularly the impugned order.
4. The respondent/plaintiff filed the said suit seeking for the relief of permanent injunction. Pending the said suit, I.A.No.1 of 2025 came to be filed by the respondent/plaintiff under Order XXXIX Rules 1 & 2 of the Civil Procedure Code (CPC) seeking for the relief of interim injunction. Further, an order came to be passed in I.A.No.1 of 2025 on 27.3.2025 whereby the petitioner/defendant was restrained from forcibly dispossessing the respondent/plaintiff and interfering with the possession and enjoyment of the respondent/plaintiff without due process of law and that the respondent/plaintiff was also restrained from undertaking any further construction or structural modification or making an encroachment.
5. The petitioner/defendant filed the present interlocutory application under Order XXXIX Rule 2A of the CPC for contempt on the ground that the respondent/plaintiff wilfully disobeyed the said order and had put up further construction and made a structural
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modification. This application has been returned by the Court below on the ground that it was not maintainable.
6. Though the present application was represented by explaining as to how it was maintainable, by a docket order dated 15.7.2025, the Court below once again returned the same as not maintainable. Aggrieved by that, the above civil revision petition has been filed before this Court.
7. In the considered view of this Court, the petitioner/ defendant has already given an explanation as to why the present application is being moved under Order XXXIX Rule 2A of the CPC on the ground that the specific directions issued by the Court below were violated. Hence, the present application has to be numbered by the Court and the matter shall be proceeded further in accordance with law.
8. In the light of the above discussions, the civil revision petition is disposed of with a direction to the Court below to number the present application in I.A.SR.No.13013 of 2026 and proceed
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further in accordance with law. Consequently, the connected CMP is closed. 06-10-2026 To The 1st Additional District Munsif Court, Coimbatore RS
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N.ANAND VENKATESH,J RS CRP No.6331 of 2026& CMP.No.27272 of 2026 06-10-2026
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