IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21/1/2026 C O R A M THE HON’BLE Mr.Justice P.DHANABAL K. Venkatesan S/o Kuppulingam No.11/24, 11^th Floor, MIG-I, TNHB Anna road, KK.Nagar Chennai 600 078. … Applicant Vs

1. R.K.Ganesan No.5/613 – B 6 AGS Bhavan Housing Board, Krishna Nagar Kovilpatti 628 513. 2. K. Suresh Babu S/o.M.Kothandam No.13/5 Krishna Doss Road III Street, Mangalapuram Chennai 600 012.

Also at New No.6, Old No.17 Park Street Kilpauk Garden Road, Kilpauk Chennai 600 010.

3. Lavisha D/o. D. Suriyakani No.4/11 Mint Street Chennai 600 079 4. D. Suriyakani S/o. Dhanraj No.4/11 Mint Street Chennai 600 079.

5. Lalith Kumar Chodiya S/o Bhavani Dhass Chodiya No.273, I Floor, Symdanhamas Road Chennai 600 112.

6. TATA Capital Housing Finance Limited One Forbes, Dr.V.B.Gandhi Marg Fort Mumbai 400 001.

Also at Centennial Square, I floor No.6 A, Dr.Ambedkar Salai Kodambakkam Chennai 600 024.

7. K. Bharanidharan S/o.B.S.Kannan A 4, 8 B Olympia Garden Apts GST Road, Pallavaram Chennai 600 043.

8. Repatriates Cooperative Finance Development Bank Limited No.33 North Usman Road Chennai 600 017. … Respondents Application filed under Order XIV Rule 8 of Original Side Rules r/w.

Order VII Rule 11 (a) (d) of CPC to reject the plaint in C.S.No.104 of 2024.

For applicant … Mr.V.G.Anbarasu For respondents … Mr.J.Kamaraj for R.1 Mr.M.Madhu Prakash for R.R.2 and 7.

M/s. P. Arul Gnana Prakash for R.6 Mr.M.Vijayakumar for R.8 R.R.3 to 5 - set ex parte O R D E R This application has been filed by the applicant/first defendant to reject the plaint in C.S.No.104 of 2004.

2. The facts in a nutshell are as follows:-

According to the applicant, he is the first defendant in the suit in C.S.No.104 of 2024 and the suit is filed for the following reliefs:-

(i). to direct the defendants 1 and 2 jointly and severally to pay a sum of Rs.2,90,00,000/- with interest at 12% from the date of plaint till realization (ii). To create a lien/charge over the property, viz., the land house and premises bearing Plot No.8 – part, old Door No.16, Present Door No.168, Rangarajapuram Main Road, Kodambakkam, Chennai and the land in all measuring 1731 ¾ sq. feet and comprised in Block No.39, Survey No.90 of Puliyur Village, Egmore – Nungambakkam Taluk, Chennai District more fully described in the Schedule A hereunder or in an alternate direct the first respondent to re-convey the property viz, in the Registration District of Tindivanam in the Registration Sub-District of Vanur in Vanur Taluk, inThiruchitrambalam Panhayat, Pattanur Revenue Village, in Nalla Farm House, in Plot Nos.98 and 99, dry land comprised in Old Survey No.19/2-2.25 acres comprised in Resurvey No.73/3, at present subdivision 73/3A1A1A having extent of 14400 square feet and 2050 square feet RCC building Electricity connection No.02-435-016-727 Borewell, 1.5 H.P Motor more fully described in Schedule B property (iii). To direct the defendants 1 and 2 to refund the sum of money advanced by the plaintiff in pursuance of the agreement dated 1/3/2018 after deducting the amount paid, if any (iv). Permanent injunction to restrain the defendants, their men, agents, servants, plaint A and B schedule properties for sale either private or public or e-auction (v). costs of the suit and (vi). Any other reliefs

3. It is averred in the affidavit filed in support of the Application that Agreement of Sale was executed on 1/3/2018 stipulating that the alleged absolute sale deed shall be executed within 90 days from the date of agreement. Accordingly, “date fixed for performance” expired on 28/5/2018. Limitation period prescribes a period of three years. The suit has been filed only on

5/3/2024 and the limitation period expired on 28/5/2021.

3.1. Even on the alternate case of the plaintiff that an affidavit dated

5/10/2020, allegedly afforded a further period of four months to perform the contract and the latest date fixed becomes 5/2/2021 and hence, three years period was expired on 5/2/2024. Thus, the suit filed on 5/3/2024 is