Revision against dismissal of condonation of 838-day delay in setting aside ex parte decree in O.S.No.251 of 2022. Petitioner had received suit summons and refused EP notice. High Court found no valid reason for delay and declined to interfere.
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CRP(MD). No.3608 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 10/12/2025
CORAM
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
CRP(MD). No.3608 of 2025 and CMP(MD)No.19164 of 2025
Kaleeswari
... Petitioner
Vs
PRAYER :-
Civil Revision Petition filed under Section 115 of Civil Procedure Code, to allow this civil revision petition by setting aside the fair and decretal order passed in I.A.No.01 of 2025 in O.S.No.251 of 2022 on the file of the Principal Sub Court, Tenkasi dated 12-09-2025.
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CRP(MD). No.3608 of 2025
For Petitioner : Mr. T.Selvan, Advocate.
For Respondents : Mr.D.Nallathambi for R1
ORDER
This Civil Revision Petition is filed to allow this civil revision petition by setting aside the fair and decretal order passed in I.A.No.01 of 2025 in O.S.No.251 of 2022 on the file of the Principal Sub Court, Tenkasi dated 12-09-2025.
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CRP(MD). No.3608 of 2025
an EP.No.123 of 2023 was filed, where notice was issued to the Revision petitioner on 02/01/2023, where the revision petitioner refused to receive the summons. Thereafter, when the case was listed on 07.09.2023, the revision petitioner did not appear before the Court and thereafter, E.A.No.1 of 2024 was filed for possession. Even at that stage the revision petitioner did not appear and has filed an application to condone the delay of 838 days.
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CRP(MD). No.3608 of 2025
of merits. No costs. Consequently, connected miscellaneous petition stands closed.
10.12.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn To
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CRP(MD). No.3608 of 2025
N.SENTHILKUMAR, J
pnn
ORDER IN CRP(MD) No.3608 of 2025
Date : 10/12/2025
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1 issue framed by the court
Was the trial court justified in dismissing the application to condone a delay of 838 days in seeking to set aside an ex parte order?
1 provisions across 1 enactments
Kaleeswari
Vallinayagam
Thirumalai
Kumaravel
Kalimuthu
Gomathi
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
