Allowed¶29

Vijaya v. Annamalai

Madras HC23 Mar 2026CMP/17264/2024

Case brief

AI extract

What is this about?

Keywords: recall of ex parte order; Section 151 CPC; civil miscellaneous petition; notice sent to wrong address; respondent absent when revision allowed; C.R.P.No.3159 of 2013; injunction order dated 06.10.2012 in E.A.No.214 of 2008 in E.P.No.105 of 2007; District Munsif Court, Chengam; Vijaya v. Annamalai and Balu; High Court of Judicature at Madras; order dated 12.01.2023 (narrative also says 12.01.2013); rehearing.

What did the court decide?

Recall of the order dated 12.01.2023 passed by this Court in CRP No.3159 of 2013; Civil Miscellaneous Petition allowed (matter to be reheard). ¶29

Vijaya Vs Annamalai — Madras HC (2026) — LawSathi Research

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C.M.P.No.17264 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.03.2026

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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C.M.P.No.17264 of 2024 in C.R.P.No.3159 of 2013

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Vijaya W/O Balu, No.3/101, Pillaiyar Kovil St, Narasingarayan Pettai, Thachampadi, Chetpet Tk, Thiruvannamalai Dt.

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..Petitioner(s)

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Annamalai S/o. Chinna Kutty Udayar, Nayampadi Village, Kallaripadi Post, Chengam Tk, Thiruvannamalai Dt, Pincode – 702.

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Balu

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S/o. Chinna Kuzhandai Gounder, Old address No.24/A-1, Vasu Sri Ramulu St, Polur Town and Tk, Thiruvannamalai Dt, New Address No.1, Manampartha Jamedar St, Kosapet, Vellore and dt - 001.

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..Respondent(s)

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PRAYER: Civil Miscellaneous Petition is filed under Section 151 of C.P.C., to set aside the order dated 12.01.2023 made in CRP No.3159 of 2013 passed in the absence of petitioner to rehear the matter and pass such further or other orders .

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Page 1 of 4

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

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C.M.P.No.17264 of 2024

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For Petitioner(s): Mr. R.Balakrishnan For Respondent(s): Mr.P.R.Shankar For R1 Mr.P.Gajendra Babu for R2

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O R D E R

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This Civil Miscellaneous Petition has been filed to set aside the

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order dated 12.01.2023 made in CRP No.3159 of 2013 passed by this

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Court, thereby allowed the Civil Revision Petition.

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2 . Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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The Civil Revision Petition has been filed as against the injunction order dated 06.10.2012 made in E.A.No.214 of 2008 in E.P.No.105 of 2007 on the file of District Munsif Court, Chengam, thereby granted injuction. This Court allowed the Civil Revision Petitioner by an order dated 12.01.2013. On that day, the first respondent viz., the petitioner herein did not enter appearance and without her presence, the order was passed by this Court. The address of the petitioner was wrongly given in the Civil Revision Petition and the notice

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Page 2 of 4

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

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C.M.P.No.17264 of 2024 was sent to the wrong address. Therefore, the petitioner did not receive

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any notice from this Court. Hence, the petitioner filed this petition to set aside the order dated 12.01.2023 passed by this Court in C.R.P.No.3159 of 2013

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4 . Considering the above facts and circumstances, the order dated 12.01.2023 passed by this Court in CRP No.3159 of 2013 is hereby recalled and the Civil Miscellaneous Petition is ordered.

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23.03.2026 (½) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order

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rts

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1. The District Munsif, Chengam.

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Page 3 of 4

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

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