E.Abinesh Vs G.Anusuya

10.The District Registrar, District Registrar Office, Thanjavur New District Collector Office Campus, Thanjavur Town. ... Respondents/Respondents 2-10/ Defendant No.1,2,4 & 10

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order, dated 22.07.2022 of the

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.3429 of 2023

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Court below in I.A.No.345 of 2021 in O.S.No.273 of 2018 for rejection of plaint, filed by 3^rd defendant U/o.7 Rule 11 of CPC.

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For Petitioner : Mr.T.Manoharan For R1 : Mr.M.Saravanan for V.Neelakandan For R2 : Mr.S.Suresh For R3-7,9,10 : Mr.S.P.Maharajan Special Government Pleader For R8 : Mr.N.Dilipkumar

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ORDER

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The 3^rd defendant in O.S.No.273 of 2018 on the file of Principal

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Sub Court, Thanjavur has filed the present revision petition challenging the order of dismissal of an application filed under Order VII Rule 11 of Code of Civil Procedure.

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The 1^st respondent herein as plaintiff has filed the above suit for

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the relief of permanent injunction restraining the defendants 1 to 8 from in any manner interfering with the plaintiff's peaceful possession and enjoyment of 'B' and 'C' schedule properties. The plaintiff has further

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.3429 of 2023

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prayed for permanent injunction restraining the defendants 1 to 8 and their men in any way taking possession of 'B' and 'C' schedule properties from the plaintiff.

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The plaintiff has borrowed loan from the 1^st defendant Bank. Due to default, 'A' schedule property was brought to auction under the SARFAESI Act. The 3^rd defendant is the successful auction purchaser. Admittedly, the 3^rd defendant has taken possession of 'A' schedule properties. Alleging that the 3^rd defendant is disturbing his possession over 'B' and 'C' schedule properties, the present suit has been filed.

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According to the learned counsel appearing for the 1^st respondent/plaintiff, under the guise of enjoying 'A' schedule property, the 3^rd defendant is disturbing 'B' and 'C' schedule properties, which has prompted the plaintiff to file the present suit. Pending suit, the 3^rd defendant has filed I.A.No.345 of 2021 for rejection of plaint on the ground that the 3^rd defendant, having taken possession of the property as an auction purchaser under the SARFAESI Act, the present suit filed as against the creditor Bank and the auction purchaser are barred under

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.3429 of 2023

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Section 34 of the SARFARSI Act. This application came to be dismissed by the trial Court on the ground that such a plea cannot be considered under Order VII Rule 11 of Code of Civil Procedure. Challenging the same, the present revision petition has been filed by the 3^rd defendant.

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Pending revision petition, when this Court questioned the plaintiff about his claim over 'A' schedule property, on instructions, he submitted that he is not making any claim over 'A' schedule property. This Court has directed the plaintiff to file an affidavit to the effect that his client is not making any claim over the 'A' schedule property. To the said effect, the 1^st respondent/plaintiff has filed an affidavit, dated 27.02.2025. Paragraph No.4 of the affidavit is extracted as follows:

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“4. I submit that the petitioner is in physical possession of 'A' schedule properties alone and I undertake that I will not interfere into the petitioner's possession and enjoyment of 'A' schedule properties.”

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The 3^rd defendant was also directed to file an affidavit to the

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effect that he is not making any claim over 'B' and 'C' schedule

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.3429 of 2023

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properties. Accordingly, the 3^rd defendant has filed an affidavit, dated 04.03.2025. It is extracted as follows:

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“It is submitted that as agreed by counsel for Respondent No.1/Plaintiff in the open Court on 12.02.2025 Afternoon, the Respondent No.1/Plaintiff will not disturb the possession and enjoyment of 'A' schedule property, (owned by D3 from 15.10.2018) and D3 also will not disturb the possession and enjoyment of 'B' & 'C' schedule property (Owned by Respondent No.1/Plaintiff G.Anusuya), this affidavit is filed on the discussion of the Hon'ble Court, dated 12.02.2025 and it is prayed that this Hon'ble Court may be pleased to render justice by disposing this C.R.P(MD)No. 3429/2023 as mentioned above.”

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