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J.B.Malhotra v. Shankar Mohan

Madras HC26 Feb 2026CRP/1061/2026

Case brief

AI extract

What is this about?

CRP No. 1061 of 2026, Madras High Court, Justice P.B. Balaji, order dated 26-02-2026. Petitioners J.B.Malhotra, Mahesh Kumar Malhotra and Suresh Kumar Malhotra (Died) v. Shankar Mohan, Jeyachandren Daniel Moses and Sub Registrar Neelangarai. Petitioner counsel S.Rajasekar; V.Ramesh, G.A. for R3. Subject: expeditious disposal of restoration application I.A.No.4 of 2025 under Order IX Rule 9 CPC in OS No.1085 of 2024 (suit dismissed for default on 04.04.2025); direction under Article 227 to dispose of I.A. by 13.03.2026; notice dispensed; no costs.

What did the court decide?

Direction to the District Munsif-cum-Judicial Magistrate, Shollinganallur, Chennai to dispose of I.A.No.4 of 2025 (restoration application in OS No.1085 of 2024) on or before 13.03.2026, with notice to respondents dispensed with and no costs. ¶30

J.B.Malhotra Vs Shankar Mohan — Writ and Judicial Review | Madras HC (2026)

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CRP No. 1061 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26-02-2026

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CORAM

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THE HON'BLE MR.JUSTICE P.B. BALAJI

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CRP No. 1061 of 2026

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J.B.Malhotra

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Mahesh Kumar Malhotra

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Suresh Kumar Malhotra (Died)

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..Petitioner(s)

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Shankar Mohan

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Jeyachandren Daniel Moses

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The Sub Registrar Neelangarai, Chennai.

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..Respondent(s)

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CRP filed under Article 227 of the Constitution of India, to allow this Civil Revision Petition and direct the Honble District Munsif Judicial Magistrate Court Shollinganallur at Chennai to dispose of IA No. 4 of 2025 in OS No.1085 of 2024 on merits expeditiously within a time frame as may be fixed by this Honble Court.

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Page1 of 4

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

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CRP No. 1061 of 2026

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For Petitioner(s): Mr.S.Rajasekar For Respondent(s): Mr.V.Ramesh, G.A., for R3

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ORDER

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Heard Mr.S.Rajasekar, learned counsel for the petitioner. Mr.V.Ramesh,

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learned Government Advocate, takes notice for the third respondent.

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The suit filed by the petitioner was dismissed for default on 04.04.2025. An application was immediately filed for restoration of the suit invoking Order IX, Rule 9 of CPC in I.A.No.4 of 2025. The grievance of the petitioner is that the said application has not been disposed of for more than one year and the delay is causing serious prejudice.

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The learned counsel for the petitioner brings to my notice that the petitioner was enjoying the interim order pending suit and taking advantage of the dismissal of the suit, now the respondent has filed a fresh suit, which has been entertained before the same Court. He would also bring to my notice that I.A. is now posted on 03.03.2026 and pleadings are already completed.

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In the light of the above, I am inclined to dispense with notice to the respondents and allow the Civil Revision Petition. The learned District Munsif-

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Page2 of 4

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

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CRP No. 1061 of 2026

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cum-Judicial Magistrate is directed to dispose of I.A.4 of 2025 on or before 13.03.2026. Accordingly, the Civil Revision Petition is allowed. No costs.

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26-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: I.T. on 27.02.2026 PVS

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