Senthilselvan Vs Jothi — Madras HC (2026) — LawSathi Research

Senthilselvan Vs Jothi — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both civil miscellaneous petitions ordered as prayed for: (i) dismissal for default in A.S.No.548 dated 16.06.2011 set aside and the appeal suit restored; (ii) N.Natarajan impleaded as party respondent in A.S.No.548 of 2005 (Registry to amend records); no costs; appeal suit to be listed for hearing on 20.04.2026.

Issue for consideration

Whether the dismissal for default of the appeal suit (order dated 16.06.2011) should be set aside and A.S.No.548 restored, per CMP No. 802 of 2011 under Order 41 Rule 19 CPC +1 more

Court's answer

CMP No. 802 of 2011 is ordered as prayed for and the appeal suit A.S.No.548 of 2005 stands restored.

Ratio / Principle

CMP No. 827 of 2025 (impleading N.Natarajan) is ordered as prayed for, with no costs.

Key takeaways

Ground for impleading: respondents 1 to 3 having sold the suit property to the petitioner in CMP No. 827 of 2025 and filed an independent suit against him, they could attempt to take shelter under an ex parte order passed in the restored appeal suit to deny his claim.ratio¶52
Despite defective service (R1 not defending; R2 and R3 returned 'Left'), the court allowed restoration, presuming respondents 1 to 3 aware of the applications and evading service of summons.ratio¶51

Detailed headnote1 paragraphs

High Court of Judicature at Madras (K. Kumaresh Babu J.), common order dated 24-03-2026 in CMP Nos. 802 of 2011 & 827 of 2025 in A.S.No.548 of 2005: (i) CMP No. 802 of 2011 under Order 41 Rule 19 of the Civil Procedure Code allowed - the order of dismissal for default in the appeal suit dated 16.06.2011 was set aside and A.S.No.548 of 2005 restored, notice on respondents 2 and 3 having been returned 'Left' and respondents presumed to be evading summons; (ii) CMP No. 827 of 2025 under Order 1 Rule 10(2) of the C.P.C. allowed - purchaser N.Natarajan impleaded as party respondent, since respondents 1 to 3 (vendors) had sold him the property and then sued him in O.S.No.20 of 2021 (Additional District Court, Dharmapuri) challenging their own sale deed, raising a risk of their taking shelter under an ex parte order; no costs; Registry directed to amend the records and list the appeal for hearing on 20.04.2026.

CMP Nos. 802 of 2011 & 827 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

CMP Nos. 802 of 2011 & 827 of 2025 in

A.S.No.548 of 2005

CMP No. 802 of 2011:

Senthilselvan

Kathiravan

Dayanidhi

Kanimozhi

..Petitioner(s)

Vs

Jothi @ Jothimani

Kayalvizhi

Kavipriya

..Respondent(s)

Prayer: This Civil Miscellaneous Petition has been filed under Order 41 Rule 19 of the Civil Procedure Code, praying to set aside the order of dismissal for default in A.S.No.548 of 2008 dated 16.06.2011.

For Appellant(s): M/s.V. Srimathi For Respondent(s): R1 – No appearance R2 & R3 – Not Ready in Notice

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CMP Nos. 802 of 2011 & 827 of 2025

CMP No. 827 of 2025

N.Natarajan

..Appellant(s)

Vs

Senthilselvan,

Kathiravan

Dayanithi

Kanimozhi

Jothimani @ Jothi

Kayalvizhi

Kavipriya

..Respondent(s)

Prayer : Civil Miscellaneous Petition filed under Order 1 Rule 10(2) of the C.P.C., praying to implead the Petitioner/proposed party herein as 4th Respondent in the above said CMP.No.802/2011 and pass such further or other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.

For Appellant(s): Dr.S.S.Swaminathan For Respondent(s): M/s.V. Srimathi

COMMON ORDER

C.M.P.No.802 of 2011 has been filed to set aside the order of dismissal

for default in A.S.No.548 of 2008 dated 16.06.2011 and C.M.P.No.827 of 2025

has been filed to implead the Petitioner/proposed party herein as 4th Respondent in the above said CMP.No.802/2011.

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CMP Nos. 802 of 2011 & 827 of 2025

Heard both sides.

The learned counsel for the petitioner in CMP.No.827 of 2025 would submit that the respondents 1 to 3 in the appeal suit, who had benefitted by the partition, had sold the property in his favour and subsequently, they had also filed an independent suit, challenging the sale deed executed by them in his favour in O.S.No.20 of 2021 on the file of the Additional District Court, Dharmapuri for declaration and for permanent injunction.

The present appeal suit had been dismissed by this Court in the year 2011 and an application to restore the suit had also been immediately taken out by the petitioner in CMP.No.802 of 2011. However, notice was ordered by this Court only in the year 2023 and such notice has been returned as “Unserved”, indicating that the respondents had left the address, which has been given in the CMPs and thereafter, by order dated 15.10.2025, on the memo filed by the appellants, indicating that respondents 1 to 3 are in a particular address, a direction to issued to serve notice on the said address. Thereafter, notice attempted to be served through Court on the said address had been served only on the first respondent, who had not taken steps to defend the said application. But however, notice on respondents 2 and 3 had been returned with an endorsement “Left”.

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CMP Nos. 802 of 2011 & 827 of 2025

It is also to be noted that the respondents 1 to 3 had also filed an independent suit as against the petitioner in CMP.No.827 of 2025 and in view of the same, it is also presumed that they would be aware of the present applications in CMP.No.802 of 2011 to restore the suit, but they have not bothered to take any steps and could only be presumed to have evaded service of summons on them in the said application.

In view of the fact that the petitioner in CMP.No.827 of 2025 had now purchased the property from respondents 1 to 3 in the appeal suit and also in view of their conduct in filing the independent suit against the said petitioner, there could be an attempt to take shelter under an ex parte order that could be passed in the appeal suit to deny the claim of the petitioner in CMP.No.827 of 2025.

In such view of the matter, C.M.P.No.802 of 2011 in A.S.No.548 of 2005 is ordered as prayed for and the appeal suit stands restored and C.M.P.No.827 of 2025 in A.S.No.548 of 2005 is also ordered as prayed for. No costs.

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CMP Nos. 802 of 2011 & 827 of 2025

Considering the above fact that the petitioner in CMP.No.827 of 2025

is also impleaded as a party respondent in A.S.No.548 of 20005, Registry is

directed to carry out necessary amendments with regard to the same.

24-03-2026

kak

Note: Registry is directed to list the Appeal Suit in A.S.No.548 of 2005 for hearing on 20.04.2026.

CMP No. 802 of 2011

To

Jothi

@ Jothimani W/o Lae R. Rajamanicakam Jeeva Nagar, Pappireddipatti Taluk, Dharmapuri District.

Kayalvizhi Daughter Of R.Rajamanickam, Jeeva Nagar, Pappireddipatti Taluk, Dharmapuri District.

Kavipriya Daughter Of R. Rajamanicak Jeeva Nagar, Pappireddipatti Taluk, Dharmapuri District.

AS No. 548 of 2005

To

Jothi @ Jothimani W/o.Late R.Rajamanickam, Jeeva Nagar, Pappireddipatti, Pappireddipatti Taluk, Dharmapuri District

Kayalvizhi D/o.Late R.Rajamanickam, Jeeva Nagar,

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CMP Nos. 802 of 2011 & 827 of 2025

Pappireddipatti, Pappireddipatti Taluk, Dharmapuri District

Kavipriya, D/o.Late R.Rajamanickam, Jeeva Nagar, Pappireddipatti, Pappireddipatti Taluk, Dharmapuri District

CMP No. 827 of 2025

To

Senthilselvan, S/o. late Rajamanickam, Residing at Jeeva Nagar, Pappireddipatti Taluk, Dharmapuri district

Kathiravan S/o. late Rajamanickam, Residing at Jeeva Nagar, Pappireddipatti Taluk, Dharmapuri District

Dayanithi S/o. Late Rajamanickam, Residing at Jeeva Nagar, Pappireddipatti Taluk, Dharmapuri District

Kanimozhi W/o Murugan, Tiruvallur Salai, Venkatasamudram, Pappireddipatti Taluk, Dharmapuri District

Jothimani @ Jothi W/o. Late Rajamanickam, Residing at Jeevan Nagar, Papireddipatti Taluk, Dharmapuri District

Kayalvizhi D/o. Late Rajamanickam, Residing at Jeevan Nagar, Papireddipatti Taluk, Dharmapuri District

Kavipriya D/o. Late Rajamanickam, Residing at Jeevan Nagar, Papireddipatti Taluk, Dharmapuri District.

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CMP Nos. 802 of 2011 & 827 of 2025

K.KUMARESH BABU J.

kak

CMP Nos. 802 of 2011 & 827 of 2025 in A.S.No.548 of 2005

24-03-2026

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