CRP/7079/2026 of G. Narasimhan Vs D. Kuppammal on 11 November 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India under Article 227 of the Constitution of India, to strike off the proceedings in OS No.2489 of 2024, on the file of XXII Assistant City Civil Court, Chennai, on the ground that the suit itself has become infructuous. __________

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CRP No. 7079 of 2026

2. Heard the learned counsel for the petitioner and carefully considered the materials available on record.

3. The respondent/plaintiff has filed the suit in OS.No.2489 of 2024, seeking for the relief of permanent injunction restraining the petitioner/defendant from disturbing with the peaceful possession and enjoyment of the property except by due process of law.

4. When the suit came up for hearing on 09.10.2026, the following memo came to be filed by the petitioner/defendant:

1. It is humbly submitted before this Hon'ble court that after the institution of this present suit, the defendant herein had filed RLTOP NO. 292 of 2024 before the Hon'ble XIV small causes court, Chennai and the same was ordered in favour of the defendant to evict the plaintiff from the suit scheduled property vide order dated 27.03.2025. Subsequently we filed an Execution petition vide EP No. 615 of 2025.

2. Pursuant to that the plaintiff herein had preferred an appeal against the said order vide RLTA No. 87 of 2025 pending before the Hon'ble XVIII Additional Judge, City civil court and the plaintiff had been granted a stay of the execution proceedings. Subsequently on 29/09/2026, the said stay was revoked and was not extended by the Hon'ble appellate court. As on date there is an executable order against the plaintiff to vacate the suit premises. __________

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CRP No. 7079 of 2026

3. Reliance is placed on CRP No. 3076 of 2024, where the observations made by the Hon'ble Madras High court squarely applies to this present case.

4. At this juncture the above suit for bare injunction restraining the defendant from evicting the plaintiff without due process of law becomes infructuous and unavailable to the Plaintiff. Hence this Hon'ble court may be pleased to record this memo and dismiss the suit as infructuous and unvailable to the Plaintiff and render justice.

5. The grievance of the petitioner is that inspite of filing the memo, the Court below is keeping the suit pending and therefore the present CRP has been filed before this Court.

6. In the considered view of this Court, the suit itself was filed with an apprehension that the plaintiff will be evicted unless and otherwise by due process of law. However, the petitioner/defendant has initiated eviction proceedings before the Concerned Court. In view of the same, there is nothing to be decided in the suit since the proceedings have been initiated to evict the plaintiff in accordance with law.

7. The Court below ought to have acted upon the memo filed by the petitioner/defendant and dispose of the suit. __________

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CRP No. 7079 of 2026

8. In the light of the above discussion, there shall be a direction to the XXII Assistant City Civil Court, Chennai, to act upon the memo filed by the petitioner/defendant on 09.10.2026 and dispose the suit in terms of the memo.

9. In the result, this Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 11-11-2026

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp __________

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CRP No. 7079 of 2026 To XXII Assistant City Civil Court, Chennai. __________

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CRP No. 7079 of 2026 N.ANAND VENKATESH, J. KP CRP No. 7079 of 2026 11-11-2026

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