P.Karthigeyan v. S.v.Senthilkumar

Madras HC9 Jun 2026CRP/2915/2026

Case brief

AI extract

What is this about?

CRP No. 2915 of 2026, Madras High Court, decided 09-06-2026 by T.V.Thamilselvi J.; petitioner P.Karthigeyan (defendant, counsel T.T.Ravichandran for Palanikumar N) vs respondent S.V.Senthilkumar (plaintiff, counsel B.Vijaya Kumar); Article 227 direction to Principal Subordinate Court, Salem to decide I.A.No.1 of 2020 (condonation of 861-day delay to set aside ex parte decree in O.S.No.281 of 2017, specific performance) within four weeks; stay of execution E.P.No.221 of 2020; multiplicity of proceedings; disposed without costs; connected CMP No.11940 of 2026 closed.

What did the court decide?

Direction to the Principal Subordinate Judge, Salem to dispose of I.A.No.1 of 2020 in O.S.No.281 of 2017 within four weeks; stay of E.P.No.221 of 2020 until then; no costs; connected civil miscellaneous petition (CMP No.11940 of 2026) closed.

P.Karthigeyan Vs S.v.Senthilkumar — Writ and Judicial Review | Madras HC (2026)

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CRP No. 2915 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-06-2026

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CORAM

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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CRP No. 2915 of 2026 AND CMP NO. 11940 OF 2026

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P.Karthigeyan S/o.M.P.Periyasamy, Kamaraj Nagar Colony, South Diwan Thottam Salem 636 014.

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..Petitioner(s) Vs

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S.V.Senthilkumar S/o.S.M.Vadivelu, D.No.70, Muthusamy St, Shevapet, Salem 636 002.

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..Respondent(s)

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PRAYER

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Civil Revision Petition filed under Art.227 of Constitution of India, praying to direct the Principal Subordinate Court, Salem, to dispose of IA.No.1 of 2020 in OS.No.281 of 2017 at an early date.

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For Petitioner(s): Mr.T.T.Ravichandran for MR.Palanikumar N For Respondent(s): Mr.B.Vijaya Kumar

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ORDER

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The Revision Petitioner herein is the defendant in the suit in O.S.No.281

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of 2017 on the file of Principal Sub Court, Salem, which was filed by the respondent/plaintiff for the relief of specific performance against the defendant.

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Page1 of 3

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

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CRP No. 2915 of 2026

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Before the trial court, the Revision Petitioner is the defendant in the

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suit in O.S.No.281 of 2017 and the suit was decreed exparte. He filed an application to set aside the exparte decree passed in the said suit, however, there is a delay of 861 days arose. To condone the delay, he filed application in I.A.No.1 of 2020 and the same has not been disposed of by the trial judge though the counter objections was filed and the said application was ripe for enquiry long back in the year 2022. In the meanwhile, to execute the decree, the respondent/plaintiff had initiated execution proceedings in E.P.No.221 of 2020, wherein the Executing Court had passed an order to execute the sale deed. Against which, the Civil Revision Petition has also been preferred and the same is pending. Pending all these proceedings, if the sale deed is executed, it will lead to multiplicity of proceedings. Therefore, the learned Principal Subordinate Judge, Salem is directed to dispose the application filed in I.A.No.1 of 2020 in O.S.No. 281 of 2017 within a period of four weeks from the date of receipt of copy of this order. Till then, the E.P. proceedings initiated in E.P.No. 221 of 2020 is ordered to be stayed. In the result, this Civil Revision Petition is disposed of. No costs. Consequently, connected civil miscellaneous petition is closed.

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09-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RPP To The Principal Subordinate Judge, Salem.

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__________ Page2 of 3

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

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CRP No. 2915 of 2026

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T.V.THAMILSELVI J.