Madras High Court
CRP/5815/2026 of P. Manickkam Appa Vs G. Illangovan (Died) on 29 September 2026
CRP No. 5815 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5815 of 2026
and
CMP No. 2517 of 2026
CNR: {HCMA012106012026}
P. Manickkam Appa
S/o.Late Palani Appa
..Petitioner(s)
Vs
G. Illangovan (Died)
1. Malarkodi
d/o.Late govindaraj appa
Kasthuri (died)
Anusuya (died)
2. Suriya
D/o.Late A.Palani Appa
3. Rajathi
D/o.Late A.Palani appa
Sulochana (died)
4. N.Paramasivam
S/o.M.Nagappa
5. P.Magendran
S/o.N.Paramasivam
6. S.Umarani
D/o.N.Paramasivam
7. C.Devi
D/o.N.Paramasivam
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CRP No. 5815 of 2026
8. R.Jayanthi
D/o.N.Paramasivam
9. Sathyavathi
W/o.Late Mohana appa
10.Banumathi
D/o.Late Mohana Appa
11.M.Jayakumar
S/o.Late Mohana Appa
..Respondent(s)
PRAYER: Civil Revision Petition filed under Section 115 of CPC praying to set aside the final order 27.08.2026 passed in I.A.No.6 of 2023 in I.A.No.2 of 2020 in O.S.No.8344 of 2011 on the file of the learned IV Additional City Civil Court, Chennai and allow the present Civil Revision Petition.
For Petitioner(s):
Mr. R.Lakshmi Narasimhan
For Respondent(s):
Mr.T.S.N.Prabhakaran for R1 to R8
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ORDER
This Civil Revision Petition has been filed under Section 115 of C.P.C challenging the fair and decretal order passed in I.A.No.6 of 2023 in I.A.No. 2 of 2020 in O.S.No.8344 of 2011 by the learned IV Additional City Civil Court, Chennai, wherein the application filed by the petitioner/4th defendant to set aside the exparte order dated 15.03.2021 came to be dismissed by the Court below.
2. Heard the learned counsel appearing on either side and carefully
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perused the materials available on record and also the order passed by the Court below.
3. In the case in hand, the respondents 1 to 8 / plaintiffs filed the suit in O.S.No. 8344 of 2011 seeking for the relief of partition and for allotment of their share. The preliminary decree came to be passed and pursuant to the same, I.A.No. 2 of 2020 has been filed by the plaintiffs for passing a final decree. In the final decree proceedings, the petitioner, who is the 4thdefendant was set exparte by an order dated 15.03.2021. Hence, I.A.No. 6 of 2023 was filed to set aside the exparte order and the said application came to be dismissed by the Court below by an order dated 27.08.2026. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
4. The Court below has dismissed the application mainly on the ground that the petitioner was set exparte in the year 2021 and the petitioner did not take any steps to argue this case and was dragging on the proceedings and therefore, the Court below was not inclined to allow the application.
5. When the matter was taken up for hearing on 15.09.2026, considering the conduct of the petitioner, this Court had directed the petitioner to deposit a sum of Rs. 50,000/- as costs to the credit of the suit on or before 28.09.2026. It is submitted that the interim order has been complied by the petitioner. It is brought to the notice of this Court that the Advocate Commissioner has already
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been appointed and the report has also been filed before the Court and what remains is for the Court to hear both parties and pass the final decree.
6. In view of above, this Court is inclined to give one opportunity to the petitioner to contest the final decree proceedings.
7. In result, the order passed by the Court below in I.A.No.6 of 2023 in I.A.No. 2 of 2020 in O.S.No.8344 of 2011 is set aside. The respondents 1 to 8, who are the plaintiffs, are permitted to withdraw the sum of Rs. 50,000/- that has been paid towards costs. There shall be a direction to the learned IV Additional Judge, City Civil Court, Chennai, to dispose of I.A. 2 of 2020, within a period of three months from the date of receipt of a copy of this order.
8. This Civil Revision Petition is disposed in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA/KSK To
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IV Additional City Civil Court, Chennai
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N.ANAND VENKATESH, J. RKA/KSK CRP No. 5815 of 2026 and CMP No. 2517 of 2026 29-09-2026
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