Madras High Court
CRP/6647/2026 of Rathanamma Vs M/s Prakruti Homes on 10 November 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6647 & 1866 of 2026
CNR:{HCMA012346592026}
and
CRP Nos.28602 & 8369 of 2026
CRP No. 6647
of 2026
1.Rathanamma
2.Gopal Reddy
3.Lakshmamma
4.G.Balaji
5.G.Siva
6.Monika
Chinnappa @ Gurrappa (Died on 20.05.2021)
7.G.Manjunath
8.Radha
9.Lakshamamma
..Petitioner(s)
Vs
1. M/s Prakruti Homes,
A partnership firm represented by its partners, Ramesh Babu, S/o Ramasamy,
4-1, Teachers Colony,
Bagalur Road,
Hosur- 635 109.
2. R.Mohan,
3.Gowramma
4.Kanthamma,
5.G.Murali,
6.G.Ravi,
..Respondent(s)
CRP No. 1866 of 2026
CNR:{HCMA010599362026}
1.V. Krishna Reddy
2.K.Amrish
..Appellant(s)
Vs
1.Prakruti Homes
A Partnership firm represented by its Partners, R.Ramesh Babu, S/o. Ramasamy, 4-1, Teachers Colony, Bagalur Road, Hosur – 635109.
2.R.Mohan
3.Lakshmamma
4.V.Narayana Reddy
5.V.Suresh
6.Ramesh
7.Padma
8.A.Gurumoorthy
9.G.Aruna
10.G.Meena
11.G.Gajendran
12.A.Krishna Reddy
13.K.Sekar
14.A.Venkatasamy
15.V.Bharath
..Respondent(s)
PRAYER
IN
CRP No. 6647 of 2026
: This Civil Revision Petition filed under Article 227 of the Constitution of India praying to stay the suit in O.S.No.26 of 2021 on the file of the Additional District Judge, Hosur.
PRAYER
IN
CRP No. 1866 of 2026:
This Civil Revision Petition filed under Article 227 of the Constitution of India praying to stay the suit in O.S.No.25 of
2021 on the file of the Additional District Judge, Hosur.
For Petitioner(s):
Mr. Prashant Rajagopal for M/S. Norton
and Grant in both CRPs
For Respondent(s):
Mr. P.Mani in both CRPs
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ORDER
These Civil Revision Petitions have been filed under Article 227 of the Constitution of India to stay the suit filed in O.S.No.25 of 2021 and O.S.NO.26 of 2021 on the file of Additional District Judge, Hosur.
2. Heard the learned counsel appearing on either side, perused the materials available on record and has carefully gone through the order passed by the Court below.
3. The Petitioners are the defendants in the suit and they have filed these Civil Revision Petitions to stay the pending suit on the ground that O.S.No.118 of 2018 was filed for partition and this suit came to be decreed and aggrieved by the same, appeal was filed in A.S.No.64 of 2021 which is pending before this Court and therefore the present suit filed for specific performance should be stayed till the disposal of the appeal before this Court.
4. These civil revision petitions are unsustainable in the eye of law, considering the nature of relief that has been sought for by the petitioners. The suit has been filed by the respondents/plaintiffs seeking for the relief of specific performance based on the agreement of sale dated 03.10.2016 executed by the defendants. Even if ultimately, the suit is decreed in favour of the plaintiff in those suits, the share that is allotted in the partition suit will finally be considered while distributing the property at the stage of final decree proceedings. Hence, there is no question of staying the suit that has been filed by the respondents/plaintiffs in which they are seeking for the relief of specific performance only with respect to 1/3 undivided share in the suit property.
5. In result, both these civil revision petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ksk To The Additional District Judge, Hosur
N.ANAND VENKATESH J. ksk CRP No. 6647 & 1866 of 2026 & CRP Nos.28602 & 8369 of 2026 10-11-2026