Madras High Court
CRP/6751/2026 of S.Prabhu Vs P.Annamalai on 27 October 2026
CRP.No.6751 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6751 of 2026
CNR: {HCMA012174772026}
S.Prabhu, S/o. Sriramalu,
No.21, Kammavaar Street,
Puliyarampakkam,
Cheyyar Taluk,
Thirvanamalai District-604407
...Petitioner
Vs
P.Annamalai, S/o. Perumal,
No.19, Pillaiyar Kovil Street,
Thavani, Rakunathasamunthiram
Vanadavasi Taluk,
Thiruvanamalai District-604503.
...Respondent
PETITION under Article 227 of The Constitution of India praying to direct the Additional District & Sessions Court, Arani to dispose of O.S.No.348 of 2025 within time frame as fixed by this Court.
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CRP.No.6751 of 2026
For Petitioner:
Mr.K.Chandrasekaran
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ORDER
This civil revision petition has been filed under Article 227 of The Constitution of India seeking a direction to the to dispose of O.S.No.348 of 2025 on the file of the Additional District & Sessions Court, Arani (for short, the Court below) within a time frame to be fixed by this Court.
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. It is seen from the records that a summary suit has been filed by the petitioner/plaintiff under Order XXXVII of the Civil Procedure Code (CPC) and that the respondent/defendant has not applied for leave to defend. While so, the Court below is repeatedly adjourning the matter without passing a consequential order under
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CRP.No.6751 of 2026
Order XXXVII Rule 3(6)(a) of the CPC. It is under these circumstances, the above civil revision petition has been filed before this Court.
5. In the considered view of this Court, if the respondent/ defendant has been served with the summons for judgment in Form No.4A and the respondent/defendant has not filed the application seeking for leave to defend within 10 days from the date of service of summons, the consequence is provided under Order XXXVII Rule 3(6)(a) of the CPC. If that is so, the Court below is expected to pass the judgment. A memo to that effect has also been filed by the petitioner/plaintiff as early as 18.1.2026.
6. In the light of the above, the civil revision petition is disposed of with a direction to the Additional District & Sessions Court, Arani to pass the consequential order in O.S.No.348 of 2025 with a period of two weeks from the date of receipt of a copy of this order. 27-10-2026
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CRP.No.6751 of 2026
To The Additional District & Sessions Court, Arani. RS
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CRP.No.6751 of 2026
N.ANAND VENKATESH,J RS CRP.No.6751 of 2026 27-10-2026
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