CRP/6149/2026 of Sithumari Vs Mageshwari on 5 October 2026

ORDER

The Civil Revision Petition has been filed challenging the order passed by the District Munsif, Anthiyur, in I.A.No.1 of 2025 in O.S.No.294 of 2016 dated 10.02.2026, dismissing the application filed by the petitioners seeking to condone the delay of 2535 days in filing the petition to set aside the exparte preliminary decree passed against the petitioners.

2. The respondent herein filed a suit for partition against the petitioners. In the said suit, an exparte preliminary decree was passed as against the petitioners on 16.12.2017. Thereafter, the present application has been filed by the petitioners to set aside the exparte preliminary decree along with a petition to condone the delay of 2535 days. These applications were filed by the petitioners only in the year 2025. Not satisfied with the reasons assigned by the petitioners, the condone delay petition was dismissed by the Trial Court. Aggrieved by the same, the petitioners have come before this Court.

3. The learned counsel appearing for the petitioners would submit that due to an unfortunate demise of their relative, the petitioners could not appear before the Court below and the exparte preliminary decree was passed as

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against them. Thereafter, the petitioners were away from their native place, due to their work and hence, there was a delay of 2535 days in filing the petition to set aside the exparte preliminary decree.

4. A perusal of the typed-set of papers and the averments found in the affidavit filed in support of the condone delay petition would indicate that the petitioners entered appearance in the suit and failed to file written statement and hence, an exparte preliminary decree was passed against them on 16.12.2017. Thereafter, in the final decree application also, the petitioners received notice and entered appearance through Counsel. However, they have not taken any steps to file a petition to set aside the exparte preliminary decree. After passing of final decree, the respondent filed execution petition. In the execution petition also after receiving notice, the petitioners failed to take steps to set aside the exparte decree. Now, even as per the affidavit filed by the petitioners, the portion of the suit property has been delivered to the respondent, pursuant to the delivery order passed by the Trial Court.

5. The Trial Court in the impugned order considered various exhibits filed on the side of the respondent namely vakalat filed by the petitioners in the final decree proceedings and the copy of the notice served on the petitioners in

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the final decree proceedings and also execution petition, came to the conclusion that absolutely there was no bonafide in the claim of the petitioners and they failed to establish sufficient cause to condone the inordinate delay of 2535 days. Since the petitioners failed to take steps to set aside the exparte preliminary decree, after receiving notice in the final decree proceedings as well as in the execution petition, I am unable to accept the contention raised by the learned counsel appearing for the petitioners.

6. Accordingly, this Civil Revision Petition stands dismissed. No costs. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm

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CRP.No.6149 of 2026

To The District Munsif, Anthiyur.

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CRP.No.6149 of 2026

S.SOUNTHAR J. dm CRP.No.6149 of 2026 05-10-2026

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