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Bakkiyalakshmi v. R.Arumugam

Madras HC3 Jul 2026CRP/2547/2026

Case brief

AI extract

What is this about?

Madras High Court CRP No. 2547 of 2026 (03-07-2026), Abdul Quddhose J - Article 227 supervisory direction for time-bound disposal of interlocutory application; condonation of delay of 1835 days; setting aside ex-parte decree; O.S.No.90 of 2017, Sub Court Avinashi; I.A.No.1 of 2025; petitioner-defendant Bakkiyalakshmi; respondent R.Arumugam; opportunity to file counter; two-month disposal timeline; notice dispensed with; no costs.

What did the court decide?

Direction to the Sub Court, Avinashi to dispose of I.A.No.1 of 2025 in O.S.No.90 of 2017 within two months from receipt of a copy of the order, after giving the respondent/plaintiff an opportunity to file a counter; notice to the respondent dispensed with; no costs. ¶29

Bakkiyalakshmi Vs R.Arumugam — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should direct the Sub Court, Avinashi to dispose of I.A.No.1 of 2025 in O.S.No.90 of 2017 (condonation of 1835 days' delay in applying to set aside the ex-parte decree) on merits at the earliest.

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Court's answer

Since the condonation application had been filed in 2025 itself, a direction had to be issued by this Court to the Trial Court to dispose of it within a time frame fixed by this Court, after giving the respondent/plaintiff an opportunity to file a counter.

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Ratio / Principle

Notice to the respondent was dispensed with because no adverse orders were being passed against the respondent.

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Key takeaways

This Court directed the Sub Court, Avinashi to dispose of I.A.No.1 of 2025 in O.S.No.90 of 2017 after giving the respondent/plaintiff an opportunity to file the counter.ratio¶29
Disposal of the application was directed to be completed within two months from the date of receipt of a copy of the order.ratio¶29

Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of the Constitution of India (CRP No. 2547 of 2026, High Court of Judicature at Madras, Abdul Quddhose J., 03-07-2026) by Bakkiyalakshmi, defendant in O.S.No.90 of 2017 (Sub Court, Avinashi), who was set ex-parte and filed I.A.No.1 of 2025 seeking condonation of 1835 days' delay in filing an application to set aside the ex-parte decree; the application remained undisposed and the respondent/plaintiff (R.Arumugam) had not filed a counter. Held: since the application was filed in 2025 itself, the Trial Court was directed to dispose of I.A.No.1 of 2025 within two months from receipt of a copy of the order, after giving the respondent/plaintiff an opportunity to file the counter; notice to the respondent dispensed with as no adverse orders were passed; no costs.

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CRP No. 2547 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-07-2026

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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CRP No. 2547 of 2026

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Bakkiyalakshmi

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Petitioner(s)

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R.Arumugam,

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Respondent(s)

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PRAYER

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Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Subordinate Court, Avinashi to dispose of the IA No. 1 of 2025 in OS No. 90 of 2017, on merits at the earliest and to pass such further orders or orders in the circumstances of the case and thus render justice.

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For Petitioner(s): Mr.Snehan Kandasamy

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For Respondent(s): Notice dispensed with

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ORDER

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This civil revision petition has been filed, seeking for a limited relief.

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The petitioner seeks for early disposal of I.A. No.1 of 2025 in O.S.No.90 of 2017 on the file of the Sub Court, Avinashi. The petitioner is the defendant in the suit. The petitioner was set ex-parte in the suit. Hence, the petitioner filed I.A.No.1 of 2025 in O.S.No.90 of 2017, seeking to condone the

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delay of 1835 days in filing an application, seeking to set aside the ex-parte

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

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CRP No. 2547 of 2026

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decree passed by the Sub Court, Avinashi in O.S.No.90 of 2017.

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According to the petitioner, till date, the application has not been

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disposed of. According to the petitioner, the counter is also yet to be filed by the respondent / plaintiff.

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Since the application has been filed by the petitioner in the year 2025

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itself, necessarily, a direction will have to be issued by this Court to the Trial Court to dispose of the said application within a time frame to be fixed by this Court, after giving an opportunity for the respondent / plaintiff to file a counter in I.A.No.1 of 2025 in O.S.No.90 of 2017.

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Since no adverse orders are passed against the respondent, notice to the

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respondent is dispensed with by this Court.

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Accordingly, this Court directs the Sub Court, Avinashi to dispose of I.A.No.1 of 2025 in O.S.No.90 of 2017 after giving an opportunity to the respondent / plaintiff to file the counter in I.A.No.1 of 2025 in O.S.No.90 of 2017 within a period of two months from the date of receipt of a copy of this order. No costs.

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03-07-2026

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

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CRP No. 2547 of 2026

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab To The Subordinate Court, Avinashi.

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

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CRP No. 2547 of 2026