Sunita Surana v. Dinesh Kumar Surana

ORDER This Civil Revision Petition is filed, challenging the order passed by the learned Judicial Magistrate, Ambattur, dismissing the application in Crl.M.P.No.1383 of 2025 in DVC No.23 of 2013 filed by the petitioner seeking interim residential order.

¶2As per the law laid down by the Full Bench of this Court in Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435, as against the impugned order passed by the Magistrate, the petitioner has got remedy to file an appeal before the jurisdictional Sessions Judge, under Section 29 of the DVC Act. Therefore, inview of the availability of the alternative remedy to the petitioner, this court is not inclined to exercise its supervisory jurisdiction, as per the law laid down by the Hon'be Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019.

¶3Accordingly, this civil revision petition is dismissed with liberty to the petitioner to approach the jurisdictional Sessions Judge seeking appropriate remedy. The petitioner is entitled to exclude the period taken by her to prosecute this civil revision petition before this court i.e. from 11.12.2025 to the date of receipt of copy of the order of this civil revision petition, while calculating limitation, for the purpose of filing an appeal under Section 29 of DVC Act. There shall be no order as to costs. Connected miscellaneous petitions are closed. 22-01-2026 Index: Yes/No Speaking/Non-speaking order MST To The Judicial Magistrate, Ambattur.

S.SOUNTHAR, J. MST 22-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-01-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CRP No. 257 of 2026 and CMP Nos.1225 and 1228 of 2026 Sunita Surana W/o Bharat Kumar Surana, SURANA HOUSE, No 9 and 10, Sivaanandam Colony, Korattur, Chennai 600 080 ..Petitioner(s) Vs 1. Dinesh Kumar Surana S/o Milap Chand Surana, 2. Ramesh Kumar Surana S/o. Milap Chand Surana 3. Leela Surana W/o. Ramesh Kumar Surana, 4. Susheela Surana W/o. Dinesh Kumar Surana, 5. Abhishek Surana S/o. Ramesh Kumar Surana, 6. Abhijeet Surana S/o. Dinesh Kumar Surana, 7. Ishan Bant S/o. Pankaj Bant, 8. Ramachandran 9. Milap Chand Surana S/o. Prithiviraj Surana, 10.Kanchan Devi Surana W/o. Milap Chand Surana, R1 to R10 are residing at Surana House, No.9 and 10, Sivanandam Colony, Korattur, Chennai - 600 080. 11.Suresh Kumar Surana S/o. Milap Chand Surana, 12.Pushpa Devi Surana W/o. Suresh Kumar Surana, 13.Praveen Surana S/o. Suresh Kumar Surana, 14.Pankaj Surana S/o. Suresh Kumar Surana, 15.Lata Surana W/o. Pankaj Surana, R11 to R15 are resing at Surana Kunj, No.66/8, 4th Avenue, Anna Nagar West Extn, Chennai - 600 101. ..Respondent(s) Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order dated 30.9.2025 passed in Crl.MP.NO. 1383/2025 in DVC.No. 23/2013 on the file of Judicial Magistrate Court at Amabattur and allow this CRP. For Petitioner(s): Ms. Kavitha Nithyanandan