G.R.Natarajan and Co v. D.Chandra Regha

O R D E R The Civil Revision Petition is filed challenging the order passed by the learned Principal Judge, City Civil Court, Chennai in Tr.O.P.No.162 of 2025, dated 12.01.2026 dismissing the petition filed by the petitioners seeking transfer of suit filed by the 1st respondent in O.S.No.6422 of 2022 from the file of the XXII Assistant City Civil Court, Chennai to the file of VII Additional City Civil Court, Chennai for hearing along with suit filed by the petitioners in O.S.No.1901 of 2023.

¶2The petitioners herein filed a suit in O.S.No.1901 of 2023 against the respondents seeking recovery of possession. The 1st respondent herein on her part filed a suit in O.S.No.6422 of 2022 seeking permanent injunction restraining the 2nd petitioner from interfering with her peaceful possession and enjoyment of the suit property except by due process of law.

¶3Today, when the civil revision petition is posted for hearing before this Court, the petitioners filed an Undertaking Affidavit before this Court stating that they would not interfere with possession of the 1st respondent except by due process of law, without prejudice to their defence in O.S.No.6422 of 2022. The relevant averment in the undertaking affidavit, dated 31.01.2026 reads as follows:- "5. I submit that without prejudice to any of the legal rights/legal remedies that are available to the Petitioners/Defendants in O.S.No.6422 of 2022 on the file of Hon'ble XXII Assistant City Civil Court at Chennai, against the respondent/plaintiff in O.S.No.6422 of 2022, the petitioner herein/defendant in O.S.No.6422 of 2022 undertake not to interfere in the possession of the Respondent herein/Plaintiff in O.S.No.6422 of 2022 pertaining to the schedule of property as detailed in O.S.No.6422 of 2022 on the file of the Hon'ble XXII Assistant City Civil Court at Chennai except by due process of law."

¶4It is also seen from the records that the petitioners already instituted a suit in O.S.No.1901 of 2023 for recovery of possession against the 1st respondent and hence, it is clear they already initiated process of law against the 1st respondent. Now, they have filed Affidavit of Undertaking stating that they will not interfere with the possession of the 1st respondent except by due process of law.

¶5In view of the undertaking given by the petitioners before this Court, the prayer sought for by the 1st respondent in the suit in O.S.No.6422 of 2022 has become infructuous.

¶6Therefore, recording the undertaking given by the petitioners in their Affidavit dated 31.01.2026 filed before this Court, the Civil Revision Petition stands disposed of. The Trial Court namely XXII Assistant City Civil Judge, Chennai is directed to close the suit filed by the 1st respondent in O.S.No.6422 of 2022. No costs. Consequently, the connected civil miscellaneous petitions are closed.

02.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm Note: Issue order copy today (i.e.,02.02.2026). To The Principal District and Sessions Court, Chennai. Copy to

1.The XXII Assistant City Civil Court, Chennai.

2.The VII Additional City Civil Court, Chennai.

S.SOUNTHAR, J. dm

02.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.02.2026 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.Nos.2330 and 2331 of 2026 1.M/s. G.R. Natarajan & Co., Rep by its Partner, Civil Engineers, Contractors and Consultants, No. 144, North Usman Road, T. Nagar, Chennai – 600 017. 2.Mr.N.Sriram, Partner: M/s. G.R. Natarajan & Co., Civil Engineers, Contractors and Consultants, No. 144, North Usman Road, T. Nagar, Chennai – 600 017. ... Petitioners vs. 1.D.Chandra Regha 2.M/s.Indian Bank, Royapettah Branch, 62, Gondia Mutt Road, Royapettah, Chennai – 600 014. ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set-aside the order dated 12.01.2026 in Tr.O.P.No.162 of 2025 on the file of the Principal District and Sessions Court, at Chennai by allowing this Revision. For Petitioners : Mr.A.K.Sriram Senior Advocate for M/s.J.Lakshmi For R1 : M/s.S.Rajeni Ramadoss for M/s.Rajeni Associates