Madras High Court

CRP/6702/2026 of S.Murugan (Deceased) 1)Kanthimathi Vs R.Ethirajan on 16 October 2026

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CRP No. 6702 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 6702 of 2026

CMP No. 28836 of 2026

CNR: {HCMA011053322026}

S.Murugan (Deceased)

1. Kanthimathi

No.4/50, Dr.Ambedkar Street,

Palavakkam, Chennai 600 041

2. M.Karthikeyan

No.4/50, Dr.Ambedkar Street,

Palavakkam, Chennai 600 041

3. M.Kalaiselvi

No.4/50, Dr.Ambedkar Street,

Palavakkam, Chennai 600 041

...Petitioner(s)

Vs

1. R.Ethirajan

2. E.Selva Ilavarasan

3. Estate of Pattammal

Rep by Saroja,

4. Saroja

5. Kanniammal

6. Murugan

7. Vasudevan

8. Dhanapal

9. G.Shanmugam

CRP No. 6702 of 2026

10.G.Ravichandran

11.G.Loganathan

12.S.Anbarasu

Minor rep by mother and natural guardian, S.Thulasi

13.Tamil Selvi

14.R.Babu

15.R.Sankaran

16.Bank of Baroda

Alwarpet Branch,

Sir C.P.Ramaswamy Road,

Alwarpet, Chennai 600 018.

(Cause title accepted vide order

dated 28.09.2026 made in

CMP No.26612 of 2026 in

CRP Sr No.78337 of 2026)

...Respondent(s)

PRAYER: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the order and decreetal order dated 10.12.2025

made in I.A.No.42 of 2015 in OS No.10146 of 2010 on the file of the XVII

Addl. City Civil Court, Chennai.

For Petitioner(s):

Mr.R.Thiagarajan

For Respondent(s):

Mr.B.Vijay

for Caveator/ R1 and R2

CRP No. 6702 of 2026

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ORDER

This Civil Revision Petition has been filed challenging the order passed by the Trial court, allowing the application filed by the respondents 1 and 2 seeking to condone the delay of 532 days in filing a petition to set aside the exparte decreee passed against them on condition, they shall pay a sum of Rs.5,000/- as costs.

2. The first petitioner and the predecessor in interest of 2nd and 3rd petitioner had filed a suit for specific performance, declaration and injunction. The said suit was decreed exparte on 14.09.2012. The respondents 1 and 2 herein, who had been arrayed as defendants 14 and 15 in the suit, filed an application to set aside the exparte decree passed against them along with a petition to condone the delay of 532 days in filing the set aside petition. The Trial Court, by the impugned order, has allowed the condone delay petition by imposing costs. Aggrieved by the same, the petitioners have come before this court.

3. The learned counsel for the petitioners would submit that the respondents 1 and 2 have not given any substantial reason explaining such delay of 532 days in filing the set aside petition and the Trial Court, without appreciating the lack of averments in the affidavit filed in support of the

CRP No. 6702 of 2026

condone delay petition, has erroneously allowed the said petition.

4. A perusal of the condone delay petition filed by the respondents 1 and 2 before the Trial Court would indicate that suit summons were not served on them and only paper publication was effected. It is also stated that they acquired knowledge about the exparte decree only after receipt of notice from the counsel for the defendants 3, 7, 8, 9 and 10. In the impugned order, the Trial Court noted that suit summons sent to the respondents 1 and 2 / defendants 14 and 15 were returned with an endorsement “ No such Person” and therefore, paper publication was effected on them. In the light of the said findings rendered by the Trial Court, it is clear that in the suit, the respondents 1 and 2 herein/ defendants 14 and 15 have not been served with suit summons personally and the same were returned with an endorsement “ No such Person ” and thereafter only, paper publication was effected. Taking into consideration that the suit summons were not served personally on the defendants 14 and 15 and after acquiring knowledge about the exparte decree, present application has been filed by them, the Trial Court has rightly exercised its discretion in favour of the defendants 14 and 15 and gave them opportunity to contest the suit by imposing costs. Therefore, I do not find any legal error in the impugned order passed by the Trial court.

CRP No. 6702 of 2026

5. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. The Trial Court is directed to take up the Order IX Rule 13 Petition filed by the respondents 1 and 2/ defendants 14 and 15 and dispose of it on its own merits. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mst To The XVII Additional Judge, City Civil Court, Chennai.

CRP No. 6702 of 2026

S.SOUNTHAR, J. mst CRP No. 6702 of 2026 16-10-2026

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