JUDGMENT :

SANJIB BANERJEE, J.

(Prayer: Petition under Article 227 of the Constitution of India to strike off O.S.No.1852 of 2019 on the file of VII Assistant Judge, City Civil Court, Chennai as barred under the provisions of the Code of Civil Procedure, 1908 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.)

1. The facts are not disputed, though the parties are at variance as to how the law would apply thereto.

2. The petitioner herein has been arrayed as a defendant in a suit by the respondent wherein the principal reliefs claimed pertain to a declaration in respect of an immovable property and the consequential injunction.

3. The case of the plaintiff is that upon certain arrangements within the family, the relevant property devolved on the plaintiff and R.Thiagarajan, at any rate, did not enjoy the exclusive rights in respect thereof. According to the plaintiff, the property was originally owned by one Sivagurunathan, who transferred it in favour of Sivannayaki Ammal alias Rajammal in 1960. Sivannayaki Ammal died in 1991 leaving behind four legal heirs, namely, R.Rathinasabapathy; S.Thangam, wife of Sethu Muthiah; Sivagurun