Madras High Court
CRP/6408/2026 of J.Arokia Willfred Vs M.Suresh Kumar on 7 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6408 of 2026
& CMP.No.27582 of 2026
CNR:{HCMA012359432026}
1. J.Arokia Willfred
S/o.John Bosco
No.5A, Kennady Street
Thanthai Periyar Nagar,
Taramani, Chennai 600 113
2. J.Arul Rani
W/o.John Bosco
No.5A, Kennady Street,
Thanthai Periyar Nagar,
Taramani, Chennai 600 113
...Petitioners
Vs
M.Suresh Kumar
S/o.Muthu, No.7,
Saraswathi Street,
Bharathi Nagar,
Taramani, Chennai 600 113
...Respondent
PETITION under Article 227 of The Constitution of India
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against the return endorsement dated 09.9.2026 made in IA.SR.No.
67511 of 2026 in I.A.No.1 of 2026 in O.S.No.6727 of 2025 on the file of the learned 20th Assistant Judge, City Civil Court, Chennai.
For Petitioners:
Mr.S.Joel
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ORDER
The civil revision petition has been filed under Article 227 of The Constitution of India seeking a direction to the Court below to number the interlocutory application filed by the petitioner/ defendant to extend the time for compliance of the order dated 05.8.2026.
2. Heard the learned counsel for the petitioners.
3. This Court has carefully considered the submissions of the learned counsel for the petitioners and perused the materials available on record and more particularly the impugned order.
4. The respondent, who is the plaintiff, filed the said suit
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seeking for the relief of permanent injunction, mandatory injunction and damages. In the said suit, the petitioners, who are the defendants, were set ex parte on 08.4.2026. Later, the petitioners filed I.A.No.1 of 2026 seeking to set aside the said ex parte order and it came to be allowed by the Court below by order dated 05.8.2026 on condition that the petitioners should pay a sum of Rs.500/- on or before 12.8.2026. However, due to inadvertence, the cost was paid by the petitioners only on 13.8.2026. Therefore, the present application has been filed by the petitioners seeking for extension of time. The Court below did not entertain the said application. It was under those circumstances, the above civil revision petition has been filed before this Court.
5. In the considered view of this Court, the petitioners have already paid the cost of Rs.500/- to the respondent/plaintiff on 13.8.2026. In view of the same, the order dated 05.8.2026 passed in I.A.No.1 of 2026 stands confirmed and the ex pate order dated 08.4.2026 stands set aside. The petitioners shall be permitted to contest the said suit on merits.
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6. The civil revision petition is disposed of in the above terms. Consequently, the connected CMP is closed. 07-10-2026 To The Registrar, City Civil Court, Chennai. RS
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N.ANAND VENKATESH,J RS CRP.No.6408 of 2026& CMP.No.27582 of 2026 07-10-2026
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