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2026 Supreme(Mad) 1970

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. THAMILSELVI, J.
Gandhi Nagar Club – Appellant
Versus
K. Jaganathan – Respondent
C.R.P. (PD) No. 404 of 2026, C.M.P. No. 2287 of 2026
Decided On : 10-03-2026

Advocates Appeared:
For the Appellant : K.V. Babu
For the Respondents: Anil Relwani, C. Sathish

ORDER :

1. This Civil Revision Petition has been filed by the Petitioner seeking to set aside the Order dated 06.01.2026 in I.A.No.3 of 2025 in A.S.No.250 of 2025 passed by the learned XVII Additional Judge, City Civil Court, Chennai.

2. The brief facts of the case are as follows:

The Petitioner is a Club providing various facilities like Tennis, Shuttle, Badminton, Swimming, Gym, Bar, Restaurant, Snooker, Billiards, Scquash and Cards. The said facilities are being enjoyed by all the members of the Petitioner Club, for which, subscription charges are being raised on a monthly basis. So far as the Cards Room is concerned, subscription charges are being collected in the form of cash which was made compulsory due to the reason that there are only few members who can play and the charges are being collected on four occasions. The 1st Respondent is a member of the Petitioner Club who has been enjoying the facilities regularly. While so, on 04.03.2018, 1st Respondent and his friends stayed back in the Petitioner Club beyond the closing hours of the club. Pursuant to the said incident, on 05.03.2018, the then Secretary of the Petitioner Club had given a complaint to the Disciplinary Committee of the Petitioner Club regarding the 1st Respondent’s misconduct. Therefore, the Disciplinary Committee had conducted a detailed enquiry. In the meantime, 1st Respondent had filed an original suit in O.S.No.2823 of 2018 before the XVII Assistant City Civil Court, Chennai for the following reliefs:

(i) For permanent injunction restraining the Petitioner Club from allowing the members from playing the gambling game of Rummy (13 or 21 Cards);

(ii) For declaration declaring that the members playing game of Bridge should be allowed to play the game only at the designated Cards Room and not at the alternate place provided next to the Library;

(iii) For Permanent Injunction restraining Mr. R.S. Varadharajan from acting as the Disciplinary Committee Chairman; 

(iv) For costs of the suit.

3. Subsequent to the filing of suit, the Petitioner Club had sent a Letter dated 25.09.2018 to the 1st Respondent, stating that he is suspended from the Petitioner Club for a period of 3 years.

4. The Petitioner Club had filed its Written Statement in O.S.No.2823 of 2018 denying all the averments made by the 1st Respondent in the Plaint.

5. Before the Trial Court, on the side of Plaintiff, 1st Respondent examined himself as P.W.1 and 5 documents were marked as Exs.A1 to A5. On the side of Defendants, no one was examined as witness and no document was marked as exhibits.

6. On appreciation of the oral and documentary evidence, the learned XVII Assistant Judge, City Civil Court vide Judgment and Decree dated 02.09.2025, partly decreed the suit in O.S.No.2823 of 2018. The operative portion of the said judgment reads as follows:

“In the result, this suit is partly decreed as follows:

(i) Permanent injunction is hereby granted restraining the 1st Defendant from allowing the members from playing the gambling game of Rummy (13 or 21 cards) within the premises of the Club.

(ii) Declaration is granted declaring that the members playing game of Bridge should be allowed to play the game only at the designated Cards Room and not at the alternate place provided next to the Library.

(iii) Permanent injunction restraining the 2nd Defendant from acting as the Disciplinary Committee Chairman is hereby dismissed.

(iv) Parties shall bear their own costs.”

7. Challenging the above Judgment and Decree of the Trial Court, the Petitioner Club had filed an Appeal Suit in A.S.No.250 of 2025 before the Principal City Civil Court, Chennai. While the said Appeal Suit is pending, the Petitioner Club had filed an Interlocutory Application in I.A.No.3 of 2025 in A.S.No.250 of 2025 praying to stay all further proceedings pursuant to the Judgment and Decree dated 02.09.2025 in O.S.No.2823 of 2018, pending disposal of the Appeal Suit, but, the said application was dismissed on 06.01.2026. Aggrieved by the same, the Peti

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