Madras High Court
CRP/6379/2026 of Backia Lakshmi Vs J.R.Chandrasekaran on 7 October 2026
CRP No. 6379 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6379 of 2026
CNR:{HCMA012021122026}
1. Backia Lakshmi
W/o Late Loganathan
2. L.Ramya,
D/o Late Loganathan
3. L.Priya,
D/o late Loganathan
4. Thirumoorthy
S/o Late Loganathan,
..Petitioners
Vs
J.R.Chandrasekaran
S/o J.R.Rangasamy,
..Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 22.06.2026 passed in IA No.2 of 2025 in OS
No.88 of 2008 by the Subordinate Court, Tambaram and pass such further or other orders as this Honourable Court.
For Petitioners :
Ms. S.A.Manisha Kirthika
CRP No. 6379 of 2026
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decreetal order dated 22.06.2026 made in I.A.No.2 of 2025 in O.S.No.88 of 2008 on the file of Subordinate Court, Tambaram, wherein the application to condone the delay in filing the application to set aside the ex-parte decree was dismissed on the ground that the petitioners did not comply with the condition imposed by the Court below by paying the cost of Rs.20,000/- (Rupees Twenty Thousand only) to the plaintiff on or before 22.06.2026.
2. Heard Ms.S.A.Manisha Kirthika, learned counsel for the petitioner.
3. The respondent has filed the suit in O.S.No.88 of 2008 seeking for the relief of specific performance. The petitioners, who are the defendants filed an application to condone the delay of 863 days to set aside the ex-parte decree dated 14.10.2022. This application was allowed by an order dated 01.06.2026 directing the petitioners/defendants to pay a cost of Rs.20,000/- to the plaintiff on or before 22.06.2026. Since this condition was not complied with, the Court below dismissed the application by an order dated 22.06.2026.
4. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
CRP No. 6379 of 2026
5. The learned counsel for the petitioners submitted that the petitioners will pay the cost within the time stipulated by this Court and the petitioners may be given an opportunity to contest the suit on merits.
6. In the considered view of this Court, the respondent has filed a suit for specific performance and therefore, the petitioners must be given an opportunity to defend themselves. In view of the same, the petitioners are directed to pay the cost of Rs.20,000/- to the plaintiff through their counsel on or before 14.10.2026. If this direction is complied with, I.A.No.2 of 2025 shall stand allowed. If the direction is not complied with, the order passed by the Court below on 22.06.2026 will stand revived. It is also made clear that if the order is complied with and the ex-parte decree is set aside by the Court below, the Court below shall dispose the suit in O.S.No.88 of 2008 within a period of six(6) months thereafter.
7. In the result, this Civil Revision Petition is disposed of in the above terms. No costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mp
CRP No. 6379 of 2026
N.ANAND VENKATESH J. mp To
1. The Subordinate Court, Tambaram.
2. V.R.Section, High Court of Madras CRP No. 6379 of 2026 07-10-2026