Madras High Court

CRP/1865/2026 of V.Loganathan Vs E.Duraivel Naicker on 14 October 2026

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CRP No.1865 of 2026

__________

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 1865 of 2026

CNR:{HCMA012375122025}

and

CMP NO. 8368 OF 2026

V.Loganathan

S/o. Velayutham

Ekambaranathar Sannathi Street

Kanchipuram

Now at No. 15, Mariyamman Kovil Street,

Thimmasamudram,

Kanchipuram- 631 502

..Petitioner(s)

Vs

1. E.Duraivel Naicker

S/o. Ekambara Naicker

No. 33, Thiruppukudal Street

Big Kancheepuram

D.Gurusamy (Died)

2. Saradammal

No. 30/92, Back Portion

Vellakulam Street

Kancheepuram

3. Anandan

No. 30/92, Back Portion

Vellakulam Street

Kancheepuram

4. G.Anbu

No. 30/92, Back Portion

Vellakulam Street

Kancheepuram

5. G.Arivazhagan

No. 30/92, Back Portion

Vellakulam Street

Kancheepuram

..Respondent(s)

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CRP No.1865 of 2026

__________

Prayer: This Civil Revision Petition is filed under Section 115 of CPC praying to set aside the order and decreetal order dated 26.06.2025 made in I.A.No. 51

of 2021 in OS No. 192 of 2007 on the file of Additional Subordinate Judge, Kancheepuram.

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ORDER

This Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioner seeking to condone the delay of 3296 days in filing the petition to set aside the exparte decree dated 19.11.2011.

2. The 1st respondent herein filed a suit for declaration of title and injunction, the suit was decreed exparte on 19.11.2011. The petitioner filed an application to set aside the exparte decree along with the petition to condone the delay of 3296 days. These applications were filed only on 04.11.2021. The trial Court dismissed the condone delay application. Aggrieved by the same, the petitioner has come before this Court.

3. The learned counsel appearing for the petitioner would submit that because of the death of counsel engaged by him, the petitioner could not file a petition to set aside the exparte decree, immediately. Hence, there is a delay.

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CRP No.1865 of 2026 __________

4. A perusal of the averment found in the affidavit filed in support of the condone delay petition would indicate that after receipt of summons, the petitioner engaged a counsel. However, the petitioner was set exparte and exparte decree was passed on 19.11.2011.

5. It is also stated by the petitioner that the petitioner’s counsel died and the petitioner was not aware of the exparte decree passed against him. Later, the 1st respondent attempted to alienate the property, then only, the petitioner enquired about the status of the case. The exparte decree was passed against him and he filed a petition to set aside the exparte on 2021. From the averment, it is seen that the petitioner failed to enquire about status of the case from 2011 to 2021. In the affidavit, the date of death of the petitioner’s counsel was also not mentioned.

6. Being a litigant, the petitioner is expected to contact his counsel and keep track of case regularly. In the case on hand, the petitioner slept over for nearly 10 years and contacted his counsel only after the first respondent attempted to alienate the property. The reason assigned by the petitioner to explain the delay of 3296 days is not at all acceptable.

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CRP No.1865 of 2026 __________

7. I do not find any error in the impugned order. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

14-10-2026 ub Index : Yes Speaking order:Yes Neutral Citation:Yes ub

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CRP No.1865 of 2026 __________

To The Additional Subordinate Judge, Kancheepuram.

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CRP No.1865 of 2026 __________

S.SOUNTHAR, J. ub CRP No.1865 of 2026 14.10.2026

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