Madras High Court
CRP/6239/2026 of P.Srinivasan Vs Sri Ellaiamman Trust on 28 September 2026
CRP No. 6239 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 6239 of 2026
and
CMP.No.26939 of 2026
CNR: {HCMA012175372026}
P.Srinivasan
Res at No.11, Thiru vi Ka 3rd Street,
Mylapore,
Chennai 004
..Petitioner(s)
Vs
1. Sri Ellaiamman Trust
Rep by its founder Trustee M.Selvamani
having its registrered office at No.114, Bharadwaj Nagar, PTC Quarters, Varadharajapuram, Chennai 600 048.
2. M.Selvamani,
S/o.Late N.Muthu
residing at No.12, Saroja Ammal Street,
Bharadwaj Nagar, Manimangalam,
Mudichur Road, Chennai 600 048
..Respondent(s)
Civil Revision Petition filed under Section115 of C.P.C to set aside the impugned order dated 19.08.2026 passed by the Honble Additional District and Sessions Court (Fast Track Court) Kancheepuram in I.A.No.4 of 2026 in O.S.No.100 of 2025, and restore the exparte judgment and decree dated 09.02.2026 passed in O.S.No.100 of 2025.
For Petitioner(s):
Mr.Anirudh A Sriram
CRP No. 6239 of 2026
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ORDER
The plaintiff is on revision challenging the discretion exercised by the trial Court in allowing I.A.No.4 of 2026 in O.S.No.100 of 2025.
2. A suit was filed by the revision petitioner herein and resulted in an exparte decree being passed on 09.02.2026. The defendant, within the time stipulated under the provisions of the Code invoked Order 9 Rule 13 C.P.C. and sought to set aside the exparte decree. The trial Court, accepting the reasons assigned by the respondent/defendant, allowed the application, however, on condition of imposing costs of Rs.5,000/- on the respondent to be paid to the revision petitioner.
3. Learned counsel for the petitioner also fairly brings to my notice that costs was tendered and received without prejudice by the petitioner on the ground that he is moving this Court, challenging the order passed in I.A.No.4 of 2026. Having received the costs with or without prejudice, this foreclosures the right of the petitioner to challenge the order, especially, being the discretionary order.
4. This Court in M/s Fast Cool Services by Partners & Ors vs PO.Shanthakumari reported in (2000) 3 CTC 257 and later followed by me in Dhanraj N.Kochar vs Hemant Raj & 2 Ors – CRP No.867 and 752 of 2025
CRP No. 6239 of 2026
dated 29.08.2025 has already held that once the trial Court has exercised discretion and awarded costs and the said costs are also received by the respondents, then, whether it is with prejudice or without prejudice, it will be a matter of no concern and the discretion exercised by the Court in allowing the application will have to be affirmed.
5. Be that as it may, even on merits, the trial Court has rightly exercised discretion in allowing and setting aside the exparte order, especially, when there is also no delay.
6. Considering the above, I do not find any reason in the revision. At the same time, the trial Court is directed to dispose of O.S.No.100 of 2025 on or before 31.03.2027. It is open to the petitioner to file a copy of this order and move for advancement of hearing of the case. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed. 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi
CRP No. 6239 of 2026
P.B.BALAJI, J. vsi CRP No. 6239 of 2026 28-09-2026