(Prayer: PETITION under Article 227 of The Constitution of India praying to set aside the order and decretal order dated 27.7.2026 in I.A.No.2 of 2024 in O.S.No.6025 of 2024 on the file of XXIII Assistant City Civil Court, Chennai.)

1. This civil revision petition has been filed under Article 227 of The Constitution of India as against the fair and decretal order dated 27.7.2026 passed in I.A.No.2 of 2024 in O.S.No.6025 of 2024 on the file of the 23rd Assistant Judge, City Civil Court, Chennai (for short, the Court below) wherein, based on the application filed by respondents 1 to 4/plaintiffs, the Court below directed the petitioners to deposit the entire terminal benefits to the credit of the said suit.

2. Heard the learned counsel for the petitioners and the learned counsel appearing for respondents 1 to 4/caveators.

3. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record and more particularly the impugned order.

4. Respondents 1 to 4, who are the plaintiffs, filed the said suit seeking for the relief of declaration to declare that the first plaintiff/first respondent is the legally wedded wife of one late Mr.P.Rajasekaran and that plaintiffs 2 to 4/respondents 2 to 4 are the children born to them through the wedlock and for a direction to the first defendant/first petitioner to receive the terminal benefits from defendants 3 and 4/respondents 5 and 6 and consequently pay the same to the plaintiffs/respondents 1 to 4.

5. The said suit is at the stage of framing issues and at that stage, respondents 1 to 4/plaintiffs filed I.A.No.2 of 2024 under Section 151 of the Civil Procedure Code seeking a direction to the petitioners/defendants 1 and 2 to deposit the terminal benefits to the credit of the said suit pending disposal of the suit suit. The said application came to be allowed by the Court below vide the impugned order. Aggrieved by that, the above civil revision petition has been filed before this Court.

6. In the considered view of this Court, the first petitioner earlier filed W.P.No.8545 of 2023 seeking to quash the proceedings dated 14.2.2019 issued by the fifth respondent herein, in and by which, the parties were directed to get a succession certificate from the competent Court and to direct the sixth respondent herein to disburse the terminal benefits to her on the ground that she is the legally wedded wife of the said late Mr.P.Rajasekaran. The said writ petition was allowed by me by order dated dated 20.8.2024 wherein it was made clear that the first petitioner/first defendant would receive the terminal benefits from the Housing Board and that the terminal benefits would be held in trust to safeguard the interests of the first respondent/first plaintiff, who also claims to be the legally wedded wife of the said late Mr.P. Rajasekaran.

7. The said order dated 20.8.2024 passed in W.P.No.8545 of 2023 was subsequently confirmed by a Division Bench of this Court in W.A.No.3085 of 2024 by judgment dated 19.10.2024. Under such circumstances, respondents 1 to 4/plaintiffs filed the said application seeking for a direction to the first petitioner/first defendant to deposit the entire terminal benefits to the credit of the said suit. Ultimately, by the impugned order, the Court below directed the entire terminal benefits to be deposited to the credit of the said suit probably with a view to safeguard the interests of respondents 1 to 4/plaintiffs.

8. It is the plaintiffs/respondents 1 to 4, who filed the said suit seeking to declare their status qua the said late Mr.P.Rajasekaran and hence, they have to necessarily succeed in the said suit to claim for the consequential reliefs of terminal benefits. It would not be proper to direct the petitioners/defendants 1 and 2 to straight away deposit the entire terminal benefits to the credit of the said suit.

9. It has been reiterated more than once that the petitioners are holding the terminal benefits in trust and this would only mean that if, ultimately, the plaintiffs/respondents 1 to 4 succeed in the said suit, the terminal benefits are to be handed over to them. That was the clear understanding, with which, this Court, in the said order dated 20.8.2024 in W.P.No.8545 of 2023, directed the Housing Board to hand over the terminal benefits to the first petitioner/first defendant.

10. If, ultimately, the plaintiffs/respondents 1 to 4 succeed in the said suit, at that point of time, the petitioners/ defendants 1 and 2 may refuse to hand over the terminal benefits and obviously, it would go against the purport of the said order dated 20.8.2024 passed in W.P.No.8545 of 2023 as confirmed in the judgment dated 19.10.2024 in W.A.No.3085 of 2024. Therefore, the said application filed by respondents 1 to 4/ plaintiffs is merely on an apprehension that the petitioners/defendants 1 and 2 may not hand over the terminal benefits. Such apprehension itself cannot be the basis for passing an order by the Court below.

11. In the light of the above discussions, the above civil revision petition is allowed and the impugned order dated 27.7.2026 in I.A.No.2 of 2024 in O.S.No.6025 of 2024 on the file of XXIII Assistant City Civil Court, Chennai is set aside. It is made clear that the petitioners/defendants 1 and 2 are holding the terminal benefits in trust, which will safeguard the interests of respondents 1 to 4/ plaintiffs. The disbursement of terminal benefits will the subject to final decision in the civil proceedings. Considering the limited scope of the said suit and also taking note of the fact that the said suit is at the stage of framing the issues, the learned 23rd Assistant Judge, City Civil Court is directed to dispose of the said suit within four months from the date of receipt of a copy of this order. No costs. Consequently, the connected CMP is closed.