Badmavathi Vs Rajendiran

To set aside the fair and decreetal order passed in I.A. No. 7 of 2025 in MCOP No. 129 of 2019 on the file of MACT and Principal District Sessions Court, Ariyalur dated 28/01/2026 in so for as it directs the petitioner to deposit a sum of Rs.5,00,000/- for setting aside the ex-parte Judgment and decree dated 10/03/2025

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CRP No. 3286 of 2026 For Petitioner(s): MR.S.Kamadevan

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For Respondent(s):

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

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CRP No. 3286 of 2026

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ORDER

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This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order passed in I.A. No. 7 of 2025 in MCOP No. 129 of 2019 on the file of MACT and Principal District Sessions Court, Ariyalur.

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The learned counsel for the petitioner submits that the petitioner is a senior citizen. Due to a lack of communication with her counsel, the petitioner was unable to file the counter-objection in MCOP No. 129 of 2019, and due to her absence, an ex-parte decree was passed on 10.03.2025. Immediately thereafter, the petitioner filed an application to set aside the ex-parte decree, in which there was a delay of 243 days. Hence, the petitioner filed an application to condone the delay of 243 days in filing the set-aside application. The Trial Court allowed the application on the condition that she deposit a sum of Rs. 5,00,000/- towards part payment of compensation to the respondents. Therefore, the petitioner filed this Civil Revision Petition to set aside the condition imposed by the Trial Court.

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Considering the fact that the petitioner is a senior citizen aged about 68 years, this Court is inclined to modify the condition imposed by the Trial Court. Accordingly, the petitioner is directed to deposit a sum of Rs. 1,00,000/towards compensation to the respondents within a period of 6 weeks from the date of receipt of a copy of this order. On such deposit being made, the

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

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CRP No. 3286 of 2026

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respondent is permitted to withdraw the same upon filing an undertaking affidavit. Further, on production of the deposit receipt of Rs. 1,00,000/- before the Trial Court, the Trial Court is directed to take the set-aside petition on file and dispose of the said petition in accordance with law within a period of 4 weeks. Depending upon the outcome of the set-aside petition, the Trial Court is directed to dispose of MCOP No. 129 of 2019 within a period of 3 months thereafter.

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