Madras High Court
S.Pushpam vs M.Chinnasamy on 19 June, 2023
Author: C.Saravanan
Bench: C.Saravanan
C.R.P.(MD) No.931 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD) No.931 of 2023
and
C.M.P.(MD) No.4306 of 2023
1.S.Pushpam
2.S.Selvakumaran
3.S.Thilagavathy
4.S.Soundaram
5.S.Raja ... Petitioners
Vs.
1.M.Chinnasamy
2.T.Mayil
3.D.Murugan
4.M.Pandi @ Samiyar
5.V.Kattari
6.K.Krishnan
7.S.Nandagopal
8.K.Renganathan
_____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 6
C.R.P.(MD) No.931 of 2023
9.M.Chinnu
10.K.Manthiyan
11.G.Maliyan
12.M.Alagarraja
13.M.Sasikumar
14.Saravanan
15.S.Murugan
16.R.Karuppaiah
17.M.Mani
18.P.Raja
19.K.Solai
20.S.Muthu
21.M.Ponnuthai ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution
of India, to set aside the order and decretal order dated 16.09.2022 made
in I.A.No.1 of 2022 in O.S.No.213 of 2016 on the file of the Subordinate
Court, Uthamapalayam.
For Petitioner : Mr.S.Siva Thilakar
For R8 & R12 : M/s.B.Bhuvaneswari
*****
_____________
https://www.mhc.tn.gov.in/judis
Page No. 2 of 6
C.R.P.(MD) No.931 of 2023
ORDER
This Civil Revision Petition has been filed to set aside the fair order and decretal order dated 16.09.2022 passed by the Sub Court, Uthamapalayam in I.A.No.1 of 2022 in O.S.No.213 of 2016.
2. The petitioners are the plaintiffs in O.S.No.213 of 2016 on the file of the Sub Court, Uthamapalayam. The said suit has been filed by the petitioners herein against the respondents for declaration and recovery of possession and future mense profits in respect of the suit schedule properties.
3. Earlier, the respondents who are the 2nd to 4th, 6th & 7th, 9th & 10th, 15th & 16th, 19th to 24th, 26th to 28th, 30th, 32th and 34th defendants in the above suit have not filed their Written Statement. Therefore, the respondents were set exparte on 27.01.2017. Under these circumstances, the some of the respondents filed application to set aside the exparte decree dated 27.01.2017, but, they were again set exparte on 04.06.2018. _____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 6 C.R.P.(MD) No.931 of 2023
4. Thereafter, the trial commenced. It appears that the plaintiffs' side witness appeared and deposed evidence. Thereafter, on 16.04.2021, the said suit was partly allowed by setting the respondents exparte. Therefore, the respondents filed I.A.No.1 of 2022 in O.S.No.213 of 2016 to condone the delay of 105 days in filing the application to set aside the exparte decree dated 16.04.2021. The Court below has allowed the said application vide impugned order dated 16.09.2022 subject to the payment of cost of Rs.4,000/- to the petitioners. The amount is said to have been received by the petitioners.
5. The learned counsel for the eighth and twelfth respondents submits that subsequent to the impugned order dated 16.09.2022, the application for setting aside the exparte decree dated 16.04.2021 has to be considered and order has to be passed. However, the Sub Court is unable to pass any further order in view of the Stay order secured by the petitioner on 05.04.2023. It is therefore submitted that there is no merits in the challenge to the impugned order as the impugned order is well reasoned and requires no interference and is prayed for dismissal of the present Civil Revision Petition.
_____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 6 C.R.P.(MD) No.931 of 2023
6. Having considered the arguments advanced by the learned counsel for the petitioners and the learned counsel for the eighth and twelfth respondents, there is no case made out for interference with the impugned order dated 16.09.2022 condoning the delay of 105 days in filing of the application to set aside the exparte decree dated 16.04.2021.
7. Since the suit has been filed for declaration and recovery of possession and future mense profits, the matter would require detailed trial. Therefore, this Civil Revision Petition is liable to be dismissed.
8. Considering the fact that the suit is of the year 2016, there shall be a direction to the Sub Court, Uthamapalayam to dispose of the O.S.No. 213 of 2016, as expeditiously as possible, preferably, within a period of 9 months from the date of receipt of a copy of this order.
9. It is made clear that the petitioners and the respondent shall co- operate with the court proceedings. In case the petitioners and the respondents fail to co-operate with the court proceedings, the Court shall pass orders on merits based on the available records. _____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 6 C.R.P.(MD) No.931 of 2023 C.SARAVANAN, J.
jen
10. Accordingly, this Civil Revision Petition is dismissed with the above direction. No cost. Consequently, connected Miscellaneous Petition is closed.
19.06.2023 Internet: Yes/No Index: Yes/ No jen To The Subordinate Court, Uthamapalayam.
C.R.P.(MD) No.931 of 2023
and C.M.P.(MD) No.4306 of 2023 _____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 6