IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.12.2025 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.28147 of 2025 The Chitra Avenue Flat Owners Welfare Association Represented by its Secretary, S.Giridharan Chitra Avenue No. 9, Choolaimedu High Road, Chennai – 600 094 ... Petitioner vs.

V.G.Selvaraja ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the decree and order dated 01.11.2025 passed in I.A.No.1 of 2025 in O.S.No.3926 of 2025, by the II Assistant City Civil Court, Chennai.

For Petitioner : Mr.Y.Kaja Navas For Respondent : Mr.S.Kamadevan

O R D E R

The Civil Revision Petition is filed by the petitioner/plaintiff in a summary suit challenging the order passed by the II Assistant City Civil Court, Chennai in I.A.No.1 of 2025 in O.S.No.3926 of 2025, dated 01.11.2025 allowing the application filed by the respondent/defendant seeking leave to defend the suit.

2. The petitioner herein filed a suit for recovery of Rs.3,09,080/-

together with interest at the rate of 24% per annum against the respondent/defendant. According to the petitioner, it is a Flat Owners Welfare Association registered under the Tamil Nadu Societies Registration Act, 1975 and the respondent is owner of Flat No.205 situated in the Apartment Complex called ‘Chitra Avenue’. It was the specific case of the petitioner that though the respondent was the owner of the flat, he failed to pay maintenance charges inspite of several notices. Infact, as per the orders passed by this Court in Contempt Petition No.3040 of 2014 and C.R.P.No.2716 of 2019, the then Administrator of the Association had disconnected the water connection to respondent's flat on 26.02.2020. The said disconnection was challenged by the respondent by filing a suit in O.S.No.8590 of 2022 on the file of the VIII Assistant City Civil Court, Chennai. The said suit was disposed of with following directions:-

“In the result, this suit is partly decreed by granting mandatory injunction as against the defendant’s Association to restore the water supply to the Plaintiff’s flat immediately after receiving the arrears of maintenance charges from the plaintiff for the period from 2007 to 26.02.2020 and thereafter other maintenance charges excluding the charges for water supply.

As far as other reliefs are concerned, this suit is dismissed. Two months’ time for compliance.”

3. Though the above said direction was issued in the suit, the respondent failed to pay arrears of maintenance and therefore, a legal notice was issued to the respondent on 06.02.2025 calling upon him to pay a sum of Rs.2,98,230/- as per the judgment and decree passed in the above mentioned suit. Since, there was no response from the respondent, the petitioner has filed the present suit seeking recovery of the maintenance as on date of the plaint. It is not in dispute that the above said suit was filed under Order XXXVII of the Code of Civil Procedure and hence, summary procedure contemplated thereon is applicable to the said suit.

4. After receipt of suit summons, the respondent entered appearance and filed instant application in I.A.No.1 of 2025 seeking leave to defend the suit. It was his specific case that the present case was filed based on judgment and decree in O.S.No.8590 of 2022 and the said judgment was challenged by the respondent in A.S.No.136 of 2025 before the Appellate Court and hence, according to the respondent, the suit filed by the petitioner based on judgment and decree which had not attained finality was not maintainable. It was further stated that the present suit will not fall within the description of the suit mentioned under Order XXXVII of the Code of Civil Procedure and therefore, the petitioner was not entitled to file a suit as summary suit. It was further stated that the petitioner-Association did not file Annual Returns for several years periodically and hence, notice had been issued under Section 44 (3) of the Tamil Nadu Societies