Madras High Court

CRP/6313/2026 of R.Senthilkumar Vs R.Shanthi on 6 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2026

CORAM

THE HON'BLE MR JUSTICE N.ANAND VENKATESH

Civil Revision Petition No.6313 of 2026

& CMP.No.27228 of 2026

CNR:{HCMA012299132026}

R.Senthilkumar

S/o. Rangasamy,

Residing at No.138763,

Ambal Eri Road,

Dadagapatti Gate,

Salem-6.

...Petitioner

Vs

1. R.Shanthi

W/o. Ramesh,

Cuddalore Main Road,

Kattu Kottai,

Vada Chennimalai,

Attur.

2. S.Muthu

S/o. Subbaih,

SPM Saloon,

No.140/163C,

Ambal Eri Main Road,

Dhadhakapatty,

Salem-6.

...Respondents

PETITION under Article 227 of The Constitution of India against the fair and final order dated 07.2.2026 passed in I.A.No.1

of 2024 in O.S.No.222 of 2009 on the file of the Second Additional Sub-Court, Salem.

For Petitioner:

Mr.R.Nalliyappan

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ORDER

This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 07.2.2026 passed in I.A.No.1 of 2024 in O.S.No.222 of 2009 on the file of the Second Additional Sub-Court, Salem (for short, the Court below) wherein the application filed by the petitioner/first defendant seeking to condone the delay of 375 days in representing the petition came to be dismissed.

2. Heard the learned counsel for the petitioner.

3. This Court has carefully considered the submissions of the learned counsel for the petitioner and perused the materials available on record.

4. In the case in hand, on 10.3.2016, the petitioner was set ex parte in the said suit and an ex parte decree came to be passed on 15.3.2016. There are no particulars as to when the application was filed to set aside the ex parte decree. What is available is I.A.No.1 of 2024, which has been filed to condone the delay of 375 days in representing the petition.

5. In the considered view of this Court, the petitioner/first defendant has not prosecuted the case with due diligence and at every stage, there has been exorbitant delay and the ex parte decree passed on 15.3.2016 remains intact till date. This Court does not find any perversity in the impugned order passed by the Court below.

6. Accordingly, the above civil revision petition is dismissed. Consequently, the connected CMP is also dismissed. 06-10-2026 To The Second Additional Sub-Court, Salem.

N.ANAND VENKATESH,J RS CRP.No.6313 of 2026& CMP.No.27228 of 2026 06-10-2026

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