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Ravichandran v. Sherfuddin

Madras HC12 Mar 2025CRP(MD)/604/2025

Case brief

AI extract

What is this about?

Ravichandran vs Sherfuddin (through GPA Kattubava); C.R.P(PD)(MD)No.604 of 2025; Madurai Bench of Madras High Court; R.Vijayakumar J.; 12.03.2025; Article 227 Constitution of India; Order 7 Rule 11 C.P.C.; plaint rejection application dismissed; I.A.No.6 of 2024; O.S.No.29 of 2020 Sub Court Thuraiyur; recovery of Rs.1,00,000/- value of mango trees removed by 4th defendant; restraint on construction pending O.S.No.219 of 2005; restoration application pending appellate stage; factual disputes to be adjudicated at trial; suit to be disposed on or before 31.08.2025; connected C.M.P(MD) No.3295 of 2025 closed; no order as to costs.

What did the court decide?

Prayer to set aside the impugned order not acceded to; trial Court directed to dispose of O.S.No.29 of 2020 on or before 31.08.2025; no order as to costs; connected C.M.P(MD) No.3295 of 2025 closed.

Ravichandran Vs Sherfuddin — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Prayer to set aside the impugned order not acceded to; trial Court directed to dispose of O.S.No.29 of 2020 on or before 31.08.2025; no order as to costs; connected C.M.P(MD) No.3295 of 2025 closed.

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Issue for consideration

Whether the trial Court rightly dismissed the application (I.A.No.6 of 2024) under Order 7 Rule 11 C.P.C. seeking rejection of the plaint in O.S.No.29 of 2020. +1 more

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Ratio / Principle

The disputes raised by the 4th defendant are factual disputes which have to be adjudicated upon by the trial Court and cannot be resolved at the threshold; accordingly the challenge to the dismissal of the Order 7 Rule 11 application does not succeed.

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Key takeaways

Since the suit is of the year 2020, the trial Court is directed to dispose of O.S.No.29 of 2020 on or before 31.08.2025.ratio¶30

Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of the Constitution of India filed by Ravichandran, 4th defendant in O.S.No.29 of 2020 (Sub Court, Thuraiyur), challenging the fair order and decreetal order dated 25.10.2024 in I.A.No.6 of 2024 dismissing the application under Order 7 Rule 11 C.P.C. for rejection of the plaint. The suit sought recovery of Rs.1,00,000/- towards the value of mango trees alleged to have been removed by the 4th defendant, and prayed restraint on construction pending O.S.No.219 of 2005, which suit stood disposed of with the plaintiff's father's restoration application pending at the appellate stage. The trial Court had found that the ingredients of Order 7 Rule 11 C.P.C. were not made out and that the grounds raised had to be decided only at trial. R.Vijayakumar J. (Madurai Bench, 12.03.2025) held that the disputes raised by the 4th defendant were factual disputes requiring adjudication by the trial Court, directed disposal of O.S.No.29 of 2020 on or before 31.08.2025, and disposed of the Civil Revision Petition with no order as to costs, closing the connected C.M.P(MD) No.3295 of 2025.

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C.R..P.(PD)(MD).No.604 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.03.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(PD)(MD)No.604 of 2025 and

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C.M.P(MD) No.3295 of 2025

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Ravichandran ... Petitioner/Petitioner

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4^th Defendant

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Vs.

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Sherfuddin, S/o. K.Shamsudeen, Erakudi Village, Thruaiyur Taluk, Trichy District, now working at Dubai Represented through his

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General Power of Attorney, Kattubava (M/72/2025) S/o.Kadar Batcha, Verraganur Village, Kengavalli Taluk, Salem District.

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... Respondent/ Respondent/Plaintiff

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PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to call for the records pertaining to the fair order and decreetal order dated 25.10.2024 in I.A.No.6 of 2024 in O.S.No.29 of 2020, on the file of the Sub Court, Thuraiyur and to set aside the same.

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For Petitioner : Mr.R.Gowrishankar

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

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C.R..P.(PD)(MD).No.604 of 2025

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O R D E R

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The 4 th defendant in O.S.No.29 of 2020, on the file of the Sub Court, Thuraiyur, has filed the present Civil Revision Petition challenging the dismissal of his application filed under Order 7 Rule11 of C.P.C.

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2. A perusal of the records reveal that the present suit has been filed for the relief of recovery of a sum of Rs.1,00,000/- (Rupees One Lakh only) towards the value of the Mango Trees that were alleged to have been removed by the fourth defendant. The plaintiff has further prayed that the fourth defendant should not put up any construction pending suit in O.S.No.219 of 2005.

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3. The plaintiff has filed I.A.No.6 of 2024, to reject the plaint primarily on the ground that even as per the documents produced by the plaintiff there are no Mango Trees in the suit schedule property. That apart, as far as O.S.No. 219 of 2005 is concerned, the said suit has already been disposed of and the application filed by the father of the plaintiff to restore the suit is pending in the appellate stage. Therefore, according to the learned counsel appearing for

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

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C.R..P.(PD)(MD).No.604 of 2025

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the fourth defendant, the suit has to be rejected on the ground that there is no

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cause of action for the plaintiff to file the present suit.

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4. A perusal of the impugned order reveals that the trial Court has arrived at a finding that ingredients of Order 7 Rule 11 of C.P.C are not made out in the said application and the grounds raised by the revision petitioner have to be decided only during the trial.

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5. This Court, after hearing the submissions made on the side of the petitioner and perusing the records, finds that the factual disputes have been raised by the 4 th defendant and the same have to be adjudicated upon by the trial Court.

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6. Considering the fact that the suit is of the year 2020, this Court is inclined to direct the trial Court to dispose the suit in O.S.No.29 of 2020 on or before 31.08.2025 .

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

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C.R..P.(PD)(MD).No.604 of 2025

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