Dismissed¶42

D.Kumar v. R.Maheswari

Madras HC5 Dec 2025CRP/1266/2023

Case brief

AI extract

What is this about?

Madras High Court; Civil Revision Petition No.1266 of 2023; Article 227 of the Constitution of India 1950; dismissal for default; repeated non-appearance of revision petitioner; I.A.No.1 of 2022 in O.S.No.181 of 2021; Additional District Judge, Tiruvannamalai; impugned order dated 27.10.2022; no order as to costs; counsel G. Thyagarajan for respondents; judge R. Sakthivel; decision dated 05.12.2025.

What did the court decide?

Having reviewed the daily order extracts, the Court found that despite sufficient opportunities having been given across successive hearings, the revision petitioner did not choose to argue the Civil Revision Petition, leaving the Court no other option except dismissal for default. ¶42

D.Kumar Vs R.Maheswari — Writ and Judicial Review | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 05.12.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

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Civil Revision Petition No.1266 of 2023

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D.Kumar, No.1216, Thendral Nagar, Vengikkal, Tiruvannamalai – 606 604. … Petitioner/Petitioner/Plaintiff

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Vs.

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R.Maheswari

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R.Saikripa

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(Both are residing at D.No.3, Gandhi Nagar 4^th Street, Tiruvannamalai Town).

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A.Saravanan, D.No.46/30A, V.O.C. Nagar, 7^th Street, Tiruvannamalai Town. … Respondents/Respondents/Defendants

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Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India 1950, praying to set aside the Fair and Decretal order of dismissal made in I.A.No.1 of 2022 in O.S.No.181 of 2021 dated October 27, 2022 on the file of the Additional District Judge, Tiruvannamalai and thereby allow the same.

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For Petitioner : No appearance For Respondents : Mr.G.Thyagarajan.

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Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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ORDER

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Mr.G.Thyagarajan, learned Counsel on Record appearing for the

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Respondents is before this Court.

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2. A perusal of the Daily Orders/Adjudications made in this Civil Revision Petition are as under:-

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(i) The Daily Order dated November 21, 2024 reads thus:

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“No representation for both sides.

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List the matter on 28.11.2024.”

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(ii) The Daily Order dated November 28, 2024 reads thus:

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“No representation for the revision

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petitioner, Mr.G.Thyagarajan, learned counsel for the respondents 1 to 3 is present and ready to make his submissions. With a view to give one more opportunity to the revision petitioner and this Court is inclined to adjourned this civil revision petition.

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2. List the matter on 11.12.2024. It

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is made clear that no further adjournment will be granted on that day.”

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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(iii) The Daily Order dated January 10, 2025 reads thus:

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At request of the learned counsel for the revision petitioner, this Civil Revision Petition is adjourned to 22.01.2025.”

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(iv) The Daily Order dated November 24, 2025 reads thus:

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“No representation for the revision petitioner.

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2. Mr.G.Thyagarajan, learned counsel appearing for respondents 1 to 3 is before this Court.

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3. However, with a view to give one more opportunity to the revision petitioner, this Civil Revision Petition is adjourned to 05.12.2025. It is made clear that no further adjournment will be granted on that date.”

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3. Mr.G.Thyagarajan, learned Counsel appearing for the

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Respondents was before this Court and remained till 4.45 p.m., awaiting the matter to be taken up for hearing. However, when the case was called, there was no representation on behalf of the Revision Petitioner, either in person or through his Counsel.

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Page No.3 of 4

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https://www.mhc.tn.gov.in/judis

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R. SAKTHIVEL.J.

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4. As it could be seen from the previous daily order extracts, despite sufficient opportunities been given, the Revision Petitioner did not choose to argue this Civil Revision Petition. Under such circumstances, this Court has no other option except to dismiss the Civil Revision Petition for default. Accordingly, this Civil Revision Petition is dismissed for default. Considering the facts and circumstances of the case, there shall be no order as to costs.

05.12.2025

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