CRP/6092/2026 of A. Ayub Khan Vs A.Samath on 30 September 2026

COMMON ORDER

These civil revision petitions have been filed under Section 115 of the Civil Procedure Code (CPC) against the orders dated 20.2.2026 made respectively in (i) I.A.No.10 of 2024 in O.S.No.243 of 2019; (ii) I.A.No.11 of 2025 in O.S.No.247 of 2019; and (iii) I.A.No.11 of 2024 in O.S.No.245 of 2019, all on the file of the Principal District Munsif Court, Kanchipuram (for short, the Court below) wherein the applications filed by the petitioner/3rd defendant under Order VII Rule 11 of the CPC seeking to reject the plaints came to be dismissed.

2. Heard the learned counsel for the petitioner in all the revisions.

3. This Court has carefully considered the submissions of the learned counsel for the petitioner in all the revisions and perused the materials available on record and more particularly the impugned orders.

4. The respective respondent, who is the plaintiff, filed the said suits against (a) the Commissioner, Kanchipuram Municipal Corporation; (b) the Commissioner of Municipal Administration, Chepauk, Chennai-5; and (c) the petitioner seeking for the relief of permanent injunction.

5. According to the petitioner, the subject properties are wakf properties and the respective respondent/plaintiff has filed the said frivolous suits in order to get over the order passed by a Division Bench of this Court and continues to hold the properties of the wakf. Further according to him, the said suits are not maintainable in view of the mandate under Sections 83 & 85 of the Wakf Act. Hence, the petitioner filed the said applications under Order VII Rule 11 of the CPC seeking to reject the plaints.

6. The Court below, while dealing with the said applications, came to the conclusion that the nature of properties would require determination of the Court below after conducting trial and that the same could not be considered in the applications filed by the petitioner. Aggrieved by that, the above civil revision petitions are before this Court.

7. In the considered view of this Court, the concerned wakf was not a party in the said suits. The petitioner claims himself to be an interested party, who impleaded himself in the said suits as the third defendant. In short, the petitioner is contesting the said suits in his individual capacity and not as a representative of the wakf. This Court can understand if the wakf takes such a stand and objects for the maintainability of the said suits. If the wakf is not before the Court below and if it is the contention of the petitioner that the subject properties are wakf properties, this issue requires consideration of the Court below and it cannot be decided in the applications filed seeking to reject the plaints. In view of the above, the impugned orders passed by the Court below do not suffer from any perversity warranting the interference of this Court in exercise of its jurisdiction under Article 227 of The Constitution of India.

8. Accordingly, the above civil revision petitions are dismissed and the impugned orders dated (i) I.A.No.10 of 2024 in O.S.No.243 of 2019; (ii) I.A.No.11 of 2025 in O.S.No.247 of 2019; and (iii)

I.A.No.11 of 2024 in O.S.No.245 of 2019, all on the file of the Principal District Munsif Court, Kanchipuram are sustained. It is left open to the petitioner to raise the issue before the Court below and it will be considered on merits and in accordance with law while disposing of the said suits. Consequently, the connected CMPs are also dismissed. 30-09-2026 To The Principal District Munsif Court, Kanchipuram. RS

N.ANAND VENKATESH,J RS CRP.Nos.6092, 6093 & 6096 of 2026 & CMP.Nos.26409, 26415 & 26418 of 2026 30-09-2026