Madras High Court
CRP/3829/2023 of SIVASAMY Vs Shivalingam on 13 October 2026
CRP No. 3829 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 3829 of 2023
C.M.P.No.23705 of 2023
CNR: {HCMA010865282022}
Sivasamy
..Petitioner(s)
Vs
Shivalingam
..Respondent(s)
Prayer:- Civil Revision petition is filed under Section 115 of Civil Procedure Code, pleased to set aside the fair and final order dated 23.02.2022 passed by the learned Principal District Munsif, Pollachi in I.A.No.1 of 2021 in O.S.No.133 of 2013.
For Petitioner(s):
Mr.M.N.Balakrishnan
For Respondent(s):
Mr.V.Anandhamurthy
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ORDER
The 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 2521 days in filing the application to set aside the ex-parte decree passed against him.
2. The respondent filed a suit seeking a permanent injunction and a mandatory injunction against the petitioner in O.S.No.133 of 2013 on the file of Principal District Munsif Court, Pollachi. The said suit was decreed ex-parte on 28.03.2014. The petitioner filed an application to set aside the ex-parte decree
CRP No. 3829 of 2023
along with a petition to condone the delay of 2521 days on 25.03.2021. The said condone delay petition was dismissed by the trial Court. Aggrieved by the same, the petitioner has come before this Court.
3. The learned counsel appearing for the petitioner by taking this Court to the affidavit filed in support of the condone delay petition before the trial Court, submitted that the petitioner could not file his written statement due to his family circumstances, and hence ex-parte decree was passed against him. It is further submitted that the petitioner acquired knowledge about the ex-parte decree against him only after the receipt of notice in the execution proceedings. However, he was subsequently prevented by Covid pandemic from filing the petition. Hence, there was a delay of 2521 days.
4. A perusal of the typed set of papers shows that the ex-parte decree was passed against the petitioner on 28.03.2014, and the instant application was filed only on 25.03.2021. In the affidavit filed in support of the condone delay petition, it was stated by the petitioner that due to family circumstances he could not file his written statement before the trial Court in time and hence ex-parte decree was passed. This vague explanation in the affidavit as if the family circumstances prevented him from filing the written statement cannot be accepted. Further, even as per the own averments of the petitioner, he received notice in the execution petition in the year 2018 itself and he entered appearance
CRP No. 3829 of 2023
in the execution proceedings as early as 20.09.2018. Inspite of appearance in the execution petition in the year 2018, the petitioner has not taken any steps to file a petition to set aside the ex-parte decree till 25.03.2021. It is a matter of common knowledge that the Covid Pandemic happened only in March 2020. Therefore, the petitioner has no explanation for the delay between 20.09.2018 and March, 2020. The trial Court rightly appreciated these facts and refused to condone the delay. I do not find any serious error in the impugned order. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EP To:- The Principal District Munsif, Pollachi.
CRP No. 3829 of 2023
S.SOUNTHAR, J. EP CRP No. 3829 of 2023 C.M.P.No.23705 of 2023 13-10-2026