Madras High Court

CRP/6257/2026 of T. Manimohan Vs R.Muniyammal on 28 September 2026

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CRP No. 6257 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-09-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CRP No. 6257 of 2026

and

C.M.P.No.27071 of 2026

CNR: {HCMA012339172026}

T. Manimohan

S/o.Mr.Thirumaninan,

NO.72/54,

Kamarajar Nagar,

Vivekanandha School,

Padikuppam,

Chennai 101

..Petitioner(s)

Vs

R.Muniyammal

D/o.Mr.Jayaraman,

No.7/33,

Old No.6,

Anna Street,

Old Thirumangalam,

Anna Nagar West,

Chennai 40

..Respondent(s)

Civil Revision Petition filed under Article 227 of the Constitution of India to expunge certain observations made in judgment and decree dated 12.08.2026 passed in OS No.1899/2023 on the file of the 1st Assistant City Civil Court, Chennai For Petitioner(s):

Mr.Gowtham thilak

for Mr.K.Sharath Chandran

CRP No. 6257 of 2026

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ORDER

The successful defendant in O.S.No.1899 of 2023 is the revision petitioner.

2. A suit was filed by the respondent/ plaintiff before the Ist Assistant City Civil Court, Chennai, which came to be dismissed after elaborate trial. However, the revision petitioner/ defendant is aggrieved by certain findings which have been rendered by the trial Court.

3. Admittedly, the petitioner is precluded from challenging the judgment and decree, which ultimately, is in favour of the revision petitioner/defendant, since the suit has been dismissed. Therefore, the petitioner is incapacitated from preferring a statutory First Appeal under Section 96 of C.P.C., challenging certain observations made in the order by the trial Court.

4. It is needless to state that it is a suit for permanent and mandatory injunction. The trial Court has exceeded the scope of enquiry, by going into the entitlement of the parties and rendering a finding, touching the entitlement of the petitioner to the suit property and related properties. It is needles to state that such findings will not bind the revision petitioner, since this is not an issue in the suit.

CRP No. 6257 of 2026

5. In the light of the above, I do not find any purpose in entertaining the revision. It is suffice to record that if any adverse findings have been rendered against the petitioner/defendant, it will not bind the petitioner in any future litigation that crops up between the same parties and /or their successor’s in interest . Accordingly, the Civil Revision Petition is dismissed. No costs. 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi

CRP No. 6257 of 2026

P.B.BALAJI, J. vsi CRP No. 6257 of 2026 28-09-2026

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