Madras High Court
CRP/6489/2026 of Thennarasu Vs S. Anandan on 12 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
Civil Revision Petition No.6489 of 2026
and
C.M.P.No.27929 of 2026
CNR: {HCMA012230802026}
1. Thennarasu
S/o.Purushothaman
2. Senthilkumar,
S/o.Muthusamy
..Petitioners
Vs
S.Anandan
S/o.Subashchandra Bose
..Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India against the docket order dated 09.03.2026 passed in I.A.No.1 of 2026 in O.S.No.61 of 2025 on the file of the learned Subordinate Judge, Tambaram.
For Petitioners :
Mr.K.Kathiresan
*****
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ORDER
This civil revision petition has been filed under Article 227 of the Constitution of India against the docket order dated 09.03.2026 passed in I.A.No.1 of 2026 in O.S.No.61 of 2025 by the learned Subordinate Judge, Tambaram, wherein the Court below while allowing the application filed under Order IX Rule 7 CPC imposed cost of Rs.1,000/- and also directed the written statement to be filed on or before 09.03.2026 and since the written statement did not come on file on 09.03.2026, the application came to be dismissed.
2. Heard learned counsel for petitioners and carefully perused the materials available on record. This Court also went through the impugned order.
3. The respondent is the plaintiff, who filed the suit in O.S.No.61 of 2025 seeking a direction to the defendants to vacate and hand over the 'B' schedule property. The petitioners, who are defendants, were set ex parte on 08.10.2025. Hence, they filed I.A.No.1 of 2026 in O.S.No.61 of 2025 under Order IX Rule 7 CPC to set aside the ex parte order. Learned counsel for respondent/plaintiff made an endorsement that the application can be allowed on payment of cost. Accordingly, the application was allowed by order dated 17.02.2026 with a condition that the petitioners/defendants must pay cost of Rs.1,000/- and also file a written statement on before 09.03.2026 failing which the application will be dismissed. The cost was paid, however, written statement was not filed on time and therefore, the Court below dismissed the application on 09.03.2026. Aggrieved by the same, the present revision has been filed.
4. It is brought to the notice of this Court that the written statement was very much available, however, the petitioners/defendants were unable to file it on 09.03.2026.
5. Considering the nature of relief sought for by the respondent/plaintiff, the petitioners/defendants must be given an opportunity to defend themselves in the suit. In view of the same, the petitioners/defendants are directed to file the written statement on or before 26.10.2026. If the same is done, the application filed in I.A.No.1 of 2026 in O.S.No.61 of 2025 will stand allowed and the petitioners/defendants will be permitted to contest the suit on merits. If the petitioners/defendants fail to file the written statement within the time frame fixed by this Court, the order passed by the Court below in I.A.No.1 of 2026 in O.S.No.61 of 2025 dated 09.03.2026 will stand revived. This civil revision petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 12-10-2026 Note: Issue order copy by 14.10.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Subordinate Judge, Tambaram.
N.ANAND VENKATESH, J. gm Civil Revision Petition No.6489 of 2026 12-10-2026