M/S. Raahul Foundations Pvt. Ltd v. S. Dillibabu (Deceased), S.Chandrababu (Deceased), 1.M.Aruna

ORDER Heard Mr.S.Rajasekar, learned counsel for the petitioner.

¶2The petitioner has filed the revision to set aside the preliminary decree as well as the final decree in a partition suit between the predecessors-in-interest of the respondents herein.

¶3According to Mr.S.Rajasekar, learned counsel for the petitioner, the sale deed under which the respective predecessors-in-interest of the respondents herein claim title was set aside by this Court in a Second Appeal and suppressing the same and also having lost two suits filed against the present petitioner which came to be rejected by this Court in revision petitions, the said S. Dillibabu and S.Chandrababu have colluded between themselves and obtained a preliminary decree which also culminated into final decree and pursuant to the same, a release deed has been executed which came to be registered before the Sub Registrar concerned. On coming to know of the same, the petitioner has filed present revision petition to set aside the preliminary decree and the final decree which is a clear abuse of process.

¶4Admittedly, the petitioner was a third party to the partition suit and considering that the matter has already attained finality, the petitioner's right to approach this Court invoking Article 227 of the Constitution of India is very much available prima facie.

¶5In the light of the above, the objections of the Registry are overruled and in view of the fact that the petitioner is not a party to the preliminary decree as well as the final decree, I am inclined to also allow CMP No.21786 of 2026 filed to accept the cause title.

¶6Accordingly, both CMP Nos.21786 of 2026 and 21838 of 2026 are allowed. P.B.BALAJI.,J sr

¶7Registry is directed to carry out necessary amendment and also directed to number the revision, if it is otherwise in order.

13.08.2026 sr

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI 1. M/s. Raahul Foundations Pvt. Ltd Rep. by its Director, A.Ravi Krishnakumar, Office at No.37/17 III Main Road, Kasturibai Nagar, Adyar, Chennai 600 020. Petitioner in both the petitions Vs 1. S. Dillibabu (Deceased), S.Chandrababu (deceased), 1.M.Aruna W/o.Late Dillibabu, Rest.at No.49/22 Padavattan Street, Gurupuram, Abhiramapuram, Chennai 600 018. 2.Kirubanandan D S/o.Late Dillibabu, Rest.at No.49/22 Padavattan Street, Gurupuram, Abhiramapuram, Chennai 600 018. 3.Shanta Devi D W/o.Giri, No.87 Bharathi Nagar, Urapakkam, PO Urapakkam District, Kancheepuram 603 210. 4.Yuvaraj S/o.Late chandrababu, Rest.at 37/1, Canal Bank Road, Raja Annamalaipuram, Chennai 600 028. 5.Balaji S/o.Late chandrababu, Rest.at 37/1, Canal Bank Road, Raja Annamalaipuram, Chennai 600 028. Respondents in both the revisions For Appellant(s): S.Rajasekar