IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CRP No. 1224 of 2026 B.Prabavathy D/o.K.Bakthavatchalam, No.3, Ashok Nagar Main Road, Kodambakkam, Chennai 600 024.

..Petitioner(s)

Vs

1.P.Virendramal Jain S/o.Parasmal Jain, No.18, 21st Avenue, Ashok Nagar, Chennai 600 083

2.Alwin and Company No.260/204, Thambu Chetty Street

1st Floor, Chennai 600 001.

3.The Sub Registrar Ashok Nagar Sub Registration Office, Chennai 600 083.

4.Mr. Narendra Harlalka S/o. Devkinandan Harlalka, Triveni House, Ad-18/11, 5th Street, 10th Main Road, Anna Nagar, Chennai 600 040, (auction Purchaser)

Impleaded As Suomotu Vide Order Of Court Dt

25/03/2026 In Crp.1223 And 1224/2026 (tvtsj)

..Respondent(s)

To set aside the non-draftable docket order, dated 25-09-2025 made in IA No.6 of 2025 in OS NO.2671 of 2025 on the file of the XVII Additional City Civil Court, Chennai and consequently restore IA No.6 of 2025 on the file of the XVII Additional City Civil Court, Chennai.

CRP No. 1224 of 2026 To set aside the non-draftable docket order, dated 25-09-2025 made in IA No.5 of 2025 in OS No.2671 of 2025 on the file of the XVII Additional City Civil Court, Chennai and consequently restore IA No.5 of 2025 on the file of the XVII Additional City Civil Court, Chennai.

CRP No. 1223 of 2026 For Petitioner(s): Mr.R.Munuswamy For Respondent(s): Mr.T.T.Ravichandran for Mr.M.Santhanaraman for R1 R2 - Door locked Ms.D.Kalaivani for R4 Ms.A.Anandan Government Advocate for R3

COMMON ORDER

Both Civil Revision Petitions have been filed seeking to restore I.A Nos.5 and 6 of 2025 in O.S. No.2671 of 2025 on the file of the XVII Additional City Civil Court, Chennai, by way of challenging the impugned docket orders, dated

25.09.2025 passed therein.

2. The Revision petitioner is the plaintiff, the Respondents 1 to 3 are the defendants 1 to 3 in the main suit, and the 4^th respondent herein is the auction purchaser who has impleaded as suo moto by this Court. For the sake of convenience, the parties are referred to as per the rank cited in the Trial Court. In the Trial Court, 1^st defendant alone contested the case while others remain exparte.

3. The brief facts of the case is as follows:

The plaintiff being the owner of the suit schedule property, borrowed the loan amount of Rs.80,00,000/- from the 1^st defendant at the rate of interest 30% p.a. for which he mortgaged his suit schedule property by virtue of mortgage deed dated 08.08.2016 in favour of the 1^st defendant, who is the mortgagee. The plaintiff paid the interest @ 30% p.a. ie. Rs.2,00,000/-, to the 1^st defendant regularly and he also paid Rs.1,00,000/- towards Principal amount. In the meanwhile, he paid a lumps amount of Rs.20,00,000/- towards the repayment of principal amount to the 1^st defendant. But, the 1^st defendant failed to credit the aforesaid amount properly and not issued any receipts for the repayment amount. Hence, the plaintiff sought for the statement of accounts from the 1^st defendant. However, the 1^st defendant did not furnish the same.

While being so, he issued a notice on 19.12.2024 claiming for a sum of Rs.2,75,10,553/- along with future interest @18% p.a. from the plaintiff and also took steps to bring the suit property for public auction to sell the same for meagre amount. Accordingly, the auction was scheduled on 14.05.2025 undervaluing the suit schedule property. Hence, he filed the suit in O.S. No.2671 of 2025 on the file of XVII Additional City Civil Court, Chennai seeking for the relief of redemption of mortgage and also permanent injunction as against the defendants in respect of the schedule property and also filed interlocutory applications in I.A. Nos.5 & 6 of 2025 seeking the relief of interim injunction from selling the suit property by way of public auction and also injunction not to disturb the peaceful possession of the plaintiff as against the defendants in respect of the suit property. The relief sought in I.A. Nos.5 & 6 of 2025 was granted by