V.Srinivasan v. M/S.Balaji Towers Flat

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI V.Srinivasan S/o.Venkateswaran, Flat No.I-7, Door No.74, 10th Avenue, Ashok Nagar, Chennai - 600 083. ..Petitioner(s) in CRP No.652 of 2025 V.Rengarajan … Petitioner in CRP No.653 of 2025 Vs M/s.BALAJI TOWERS FLAT Owners Association, No.74, 10th Avenue, Ashok Nagar, Chennai - 600 083, Rep. by its President. ..Respondent(s) in both CRPs Prayer in CRP No.652 of 2025: Civil Revision Petitions are filed under Section 115 of CPC to set aside the order made in IA.No.3/2022 in OS.No.5936/2018 dated 26-11-2024 passed by the learned I Asst.Judge City Civil Court, Chennai. Prayer in CRP No.653 of 2025: Civil Revision Petitions are filed under Section 115 of CPC to set aside the order made in IA.No.3/2022 in OS.No.5937/2018 dated 26-11-2024 passed by the learned I Asst.Judge City Civil Court, Chennai. For Petitioner(s): Mr. K.V.Ananthakrushnan in both CRPs For Respondent(s): Mrs Lakshmi Vijayakumar in both CRPs Page1 of 5 COMMON ORDER Both the civil revision petitions have been filed to set aside the order made in I.A.No.3/2022 in OS.No.5936/2018 dated 26-11-2024 passed by the learned I Assistant Judge City Civil Court, Chennai.

¶2The respondent in both civil revision petitions filed O.S.No.5936 and 5937 of 2018 for recovery of arrears of maintenance charges from the petitioners and the suits were decreed in part, directing the petitioners to pay the amount, as decreed in the respective suits along with interest at the rate of 9% per annum. Subsequently, the petitioners paid the amount to the respondent/plaintiff, as per the terms of decree, however, without any interest and also paid future maintenance charges by way of cheques and therefore, they requested the Trial court to record full satisfaction of the decree passed in the respective suits, by way of filing respective interlocutory applications. The above applications were dismissed by the trial court and the same are impugned herein.

¶3Heard Mr.K.V.Ananthakrushnan, learned counsel for the petitioners and Mrs.Lakshmi Vijayakumar, learned counsel for the respondent/association. Page2 of 5

¶4According to the learned counsel for the petitioner/defendant, in sofar as the flat owner, namely V.Rangarajan is concerned, maintenance has been paid in advance upto December 2026 and in so far as the other flat owner, namely, V.Srinivasn is concerned, maintenance has been paid upto 31.07.2026. In support of such payments, proof of remittances have been filed by way of typed set of papers, dated 16.07.2026. The learned counsel for the petitioners further states that the association has become defunct, however, still, the petitioners have been advised to continue to pay the maintenance amount, without even preferring an appeal against the decree passed by the trial court, since the common amenities and facilities have to be provided to all the flat owners and occupants.

¶5The learned counsel for the respondent, however, states that the remittances have been made into an account, which has been frozen by the bank, at the instance of the petitioners, which statement is vehemently denied by the learned counsel for the petitioners.

¶6Be that as it may, today, the association is not in a position to withdraw the amounts deposited towards maintenance by the petitioners in the above civil revision petitions. There is a clause -IV in the decree, which requires the petitioners to pay future maintenance also, In order to get over this deadlock, Page3 of 5 the CRPS are disposed of in the following manner:-

i) In the case of Mr.V.Rangarajan (CRP No.653 of 2025), full satisfaction is recorded upto 31.12.2026 and in the case of Mr.V.Srinivasan (CRP No.652 of 2025), full satisfaction is recorded upto 31.07.2026.

ii) In sofar as the future maintenance amounts payable by the petitioners is concerned, the petitioners undertake to pay the same by way of cash to Mr.Sriram Indusekar, President, Flat No.D1/2, Contact No.9940186004. On receipt of such payment, Mr.Sriram Undusekar shall issue receipts on behalf of the association, then and there.

iii) It is open to the respondents to revive the association bank account and also unfreeze the bank account to enable them to withdraw the amounts, which have already been deposited by the petitioners. There shall be no order as to costs. 27-07-2026 Index: Yes/No Speaking/Non-speaking order MST To The I Assistant judge, City Civil Court, Chennai. Page4 of 5

P.B.BALAJI, J. MST CRP Nos. 652 and 653 of 2025 27-07-2026 Page5 of 5