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Srirangam v. Muthuvel

Madras HC7 Jan 2025CRP(MD)/670/2020

Case brief

AI extract

What is this about?

C.R.P.(MD)No.670 of 2020; C.M.P.(MD).No.4480 of 2020; Srirangan v. Muthuvel; Madras High Court Madurai Bench; G. Ilangovan J; 07.01.2025; Article 227 Constitution of India; delay condonation 426 days; ex parte decree; set aside petition; O.S.No.462 of 2014; I.A.No.1304 of 2017; Additional Sub Court Karur; recovery of money suit; conditional deposit 25% of decree amount; undertaking; compliance memo; revision allowed; trial Court order set aside; no costs; connected miscellaneous petition closed.

What did the court decide?

Trial Court's order in I.A.No.1304 of 2017 in O.S.No.462 of 2014 (dismissal of the delay condonation application) set aside; civil revision petition allowed with no costs; connected miscellaneous petition closed. ¶21

Srirangam Vs Muthuvel — Writ and Judicial Review | Madras HC (2025)

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C.R.P.(MD)No.670 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.01.2025

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CORAM

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THE HON'BLE MR.JUSTICE G.ILANGOVAN

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C.R.P.(MD)No.670 of 2020 and C.M.P.(MD).No.4480 of 2020

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Srirangan ... Petitioner/Petitioner/Defendant

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Vs.

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Muthuvel ... Respondent/Respondent/Plaintiff

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PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and decreetal order, dated 13.09.2019 in I.A.No.1304 of 2017 in O.S.No.462 of 2014 on the file of the Additional Sub Court, Karur.

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For Petitioner : Mr.H.Lakshmi Shankar For Respondent : No Appearance

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ORDER

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This civil revision petition has been filed to set aside the fair and decreetal order, dated 13.09.2019 in I.A.No.1304 of 2017 in O.S.No.462

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of 2014 on the file of the Additional Sub Court, Karur.

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

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C.R.P.(MD)No.670 of 2020

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2.The suit in O.S.No.462 of 2014 was filed by the respondent for recovery of money. Since the petitioner did not appear, it was decreed exparte. Therefore, the petitioner filed petition to set aside the above said exparte decree along with delay condonation application to condone the delay of 426 days in filing the above said set aside petition. The delay condonation application was dismissed by the trial Court. Against which, this revision has been filed.

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3.Pending the matter, this Court on 04.11.2024, passed an

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conditional order to deposit a sum of 25% of the decree amount on the basis of the undertaking given by the petitioner on or before 02.01.2025. The same was complied. Compliance memo was also filed by the petitioner.

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4.Recording the above said compliance, this civil revision petition stands allowed. No costs. The order passed by the trial Court in I.A.No. 1304 of 2017 in O.S.No.462 of 2014 is hereby set aside. Consequently, connected miscellaneous petition is closed.

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07.01.2025

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

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C.R.P.(MD)No.670 of 2020

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NCC : Yes / No Index : Yes / No Internet : Yes / No TM To 1.The Additional Subordinate Judge, Karur. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

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C.R.P.(MD)No.670 of 2020

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G.ILANGOVAN ,J.

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C.R.P.(MD)No.670 of 2020

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