Madras High Court

CRP/5419/2026 of Ceebros Bay View Residential Owners Association Vs A.Veerendra Kumar on 27 August 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-08-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

CRP No. 5419 of 2026 and CMP No.23477 of 2026

1. Ceebros Bay View Residential Owners

Association

a Registered Scoeity as Society

No.374/2004, Rep. by its Honourary

Secretary, Having its Office at North Block, Ceebros Bay View apartment, No.5, Raja Rengaswamy Avenue, 4th Swaward Road, Valmiki Nagar, Tiruvanmiyur, Chennai 600

Petitioner(s)

Vs

1. A.Veerendra Kumar

S/o.Ambalal, No.4, Anand Apartments,

No.262, Poonamalee High Road, Kilpauk,

Chennai 600 010

2.Saranya Zaveri

W/o.A.Veerendra Kumar, No.4, Anand

Apartments, No.262, Poonamallee High

Road, Kilpauk, Chennai 600 010

3.P.N.B.Housing finance Ltd.,

Rep by its Branch Manager, Tambaram

Branch, Plot No.11, 2nd floor, Door No.2A, Venkatesan Street, East Tambaram, Chennai 600 059 The 3rd respondent is given up in this CRP.

Respondent(s)

Revision filed under Article 227 of Constitution of India against the Docket Order dated 24.07.2026 passed in I.A.No.14 of 2026 in O.S.No.1897 of 2021 on the file of

XXII Assistant Judge, City Civil Court, Chennai.

For Petitioner(s):

Ms.Elizabeth Ravi

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ORDER

Heard Ms.Elizabeth Ravi, learned counsel for the petitioner.

2. The petitioner had filed an application for payment out of the amount deposited by the respondents towards maintenance and other charges in respect of maintenance of flats in the petition Apartment Complex.

3. I find that the suit has been decreed based on a compromise Memo dated 5.03.2026. Even in the compromise, the parties have recorded the fact that the petitioner is entitled to withdraw the amount together with the accrued interest, being the amounts payable by the respondents towards maintenance and amenity charges. However, when the petitioner took out application in I.A.No.14 of 2026, the trial Court has ordered notice without noticing the terms of joint memo of compromise, based on which, I.A.No.14 of 2026 has been filed.

4. I am able to see from the copy of joint compromise memo available in the typed set of papers, at Clause -4, it has been recorded that the revision petitioner has already taken out an application for payment out of Rs.4,76,819.89 together with accrued interest and the defendants 1 and 2 have clearly expressed no objection for such payment out being ordered in favour of the revision petitioner.

5. In the light of the above, I am unable to see any necessity for the trial Court to have ordered notice to the respondents in the first place. In view of the compromise being acted upon as early as on 05.03.2026, and based on the settlement, the defendants have proceeded to even sell their apartment. In fact, the arrears was coming in the way of the respondents/defendants even alienating the property and that is why the matter was amicably resolved.

6. In such view of the matter, I do not see any necessity for notice being ordered in the payment out application, especially in the light of the no objection expressed by the defendants 1 and 2 even in the joint memo of compromise which forms part and parcel of the decree.

7. In the light of the above, civil revision petition is allowed and the trial Court shall order payment out of Rs.4,99,602/- (Rupees Four Lakhs Ninety Nine Thousand

P.B.BALAJI.,J sr Six Hundred Two only) by allowing I.A.No.14 of 2026 within a period of one week from the date of production of a copy of this order. The trial Court shall also ensure that the amount is paid out within a period of two weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed. 27.08.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order Note: Issue Order copy on 28.08.2026 To The XXII Assistant City Civil Court, Chennai

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