Madras High Court

CRP/3755/2023 of SELVARAJ Vs VENKATASUBRAMANIAN on 3 November 2026

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CRP No. 3755 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 3755 of 2023

CNR: {HCMA011730112023}

Selvaraj

..Petitioner

Vs

Venkatasubramanian

..Respondent

PRAYER: This Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and final order dated 01.01.2023, made in I.A.No.1 of 2022 in I.A.No.528 of 2018 in O.S.No.729 of 2017 passed by the II Additional Subordinate Court, Coimbatore For Petitioner : Mr. B.Jawahar For Respondent : Mr.V.Regunathan

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ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 01.01.2023 passed in I.A.No.1 of 2022 in I.A.No.528 of 2018 in O.S.No.729 of 2017 passed by II Additional Subordinate Court, Coimbatore, wherein the application filed by the petitioner/defendant under Section 148 for extension of time to pay the cost came to be dismissed by the Court below.

CRP No. 3755 of 2023

2. Heard the learned counsel appearing on either side, perused the materials available on record and carefully gone through the order passed by the Court below.

3. The respondent/plaintiff filed the suit in O.S.No.729 of 2017 seeking for the relief of specific performance. An exparte decree came to be passed on 21.08.2018. The petitioner filed I.A.No.528 of 2018 to set aside the exparte decree and the same was allowed on 16.09.2019 with the condition that the petitioner/defendant will pay cost of Rs.2,000/- to the learned counsel for the defendant on or before 26.09.2019. The cost was not paid within the time prescribed by the Trial Court.

4. An application came to be filed by the petitioner in I.A.No.1 of 2022 under Section 148 for extension of time and the Court below dismissed this application. Aggrieved by the same, the present revision has been filed before this Court. The suit has been filed by the respondent/plaintiff seeking for the relief of specific performance. Therefore, the petitioner/defendant must be provided an opportunity to defend the suit, since the exparte decree will result in the petitioner losing the property. However, that does not mean that this Court can condone the attitude of the petitioner in this case. The same can be sufficiently compensated in terms of money by imposing exorbitant cost payable to the respondent/plaintiff.

CRP No. 3755 of 2023

5. In the light of the above discussion, the order passed by the Court below is set aside subject to the condition that the petitioner/defendant shall deposit cost of Rs.25,000/- to the credit of O.S.No.729 of 2017 on the file of II Additional Sub-Court, Coimbatore within a period of two (2) weeks from the date of receipt of a copy of this Order. On such deposit, the respondent/plaintiff will be entitled to withdraw the same. If this condition is complied with, the Court below shall set aside the exparte decree and permit the petitioner/defendant to contest the suit on merits. In such an event, the suit itself shall be disposed of within a period of six (6) months thereafter. If the condition imposed by this Court is not complied with, the order passed by the Court below will stand confirmed.

6. Hence, the present Civil Revision Petition is disposed of in the above terms. No costs. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To II Additional Subordinate Court, Coimbatore ksk

CRP No. 3755 of 2023

N.ANAND VENKATESH, J. ksk CRP No. 3755 of 2023 03-11-2026

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