S. Kumaresan Vs C. Pushpa Kumari — Writ and Judicial Review | Madras HC (2026)

S. Kumaresan Vs C. Pushpa Kumari — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anything survives for consideration in this revision challenging the dismissal of the condonation-of-delay application (E.A.No.2 of 2024) in E.P.No.4882 of 2022 in O.S.No.4053 of 2021, in light of the subsequent setting aside of the ex-parte order, restoration of the suit, and the fresh ex-parte decree dated 12.06.2025.

Court's answer

Nothing survives for consideration in this revision, since the ex-parte order underlying the execution petition was set aside and the suit restored, and a fresh ex-parte decree dated 12.06.2025 has since been passed with a separate execution petition laid.

Ratio / Principle

The Civil Revision Petition is dismissed with no costs, and the connected Civil Miscellaneous Petition (CMP.No.17814 of 2024) is closed.

Detailed headnote1 paragraphs

High Court of Judicature at Madras (P.B. Balaji, J.), 09-07-2026 - CRP No.3324 of 2024 & CMP.No.17814 of 2024 (running page headers carry 'CRP No. 2858 of 2026'). S.Kumaresan (revision petitioner) v. C.Pushpa Kumari (sole respondent/decree holder). Civil Revision Petition under Article 227 of the Constitution of India seeking to set aside the fair and decretal order dated 02.08.2024 of the X Assistant City Civil Court, Chennai, dismissing E.A.No.2 of 2024 (application for condonation of delay of 90 days) in E.P.No.4882 of 2022 arising out of O.S.No.4053 of 2021. Counsel for the respondent (D.Padmanabhan) undertook to file vakalat and submitted, and the court recorded, that the ex-parte order on which the execution petition was based had since been set aside and the suit restored to file; the petitioner was again set ex-parte and an ex-parte decree passed on 12.06.2025, for which a separate execution petition has been laid. Recording that nothing survived for consideration, the court dismissed the revision with no costs and closed the connected Civil Miscellaneous Petition. No precedent cited; no monetary quantum involved.

CRP No. 2858 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-07-2026

CORAM

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

CRP No.3324 of 2024 & CMP.No.17814 of 2024

S.Kumaresan

..Petitioner(s)

Vs

C.Pushpa Kumari

..Respondent(s)

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order passed on 02.08.2024 in E.A.No.2 of 2024 in E.P.No.4882 of 2022 in O.S.No.4053 of 2021 by the X Assistant City Civil Court, Chennai.

For Petitioner(s): No appearance For Respondent(s): Mr.D.Padmanabhan

ORDER

This revision has been filed to set aside the order dated 02.08.2024 in E.A.No.2 of 2024 in E.P.No.4882 of 2022 in O.S.No.4053 of 2021 on the file of the X Assistant City Civil Court, Chennai.

2.Mr.D.Padmanabhan, learned counsel undertakes to file vakalat for the sole respondent/decree holder.

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CRP No. 2858 of 2026

3.The learned counsel for the respondent states that nothing survives for consideration in this present revision, as originally a decree came to be passed against the revision petitioner, which was put to execution and in the said execution petition, he was set ex-parte and an application was filed in E.A.No.2 of 2024 for condonation of delay of 90 days and also to set aside the ex-parte order in E.A.No.3 of 2024. The condone delay application was dismissed, as against which, the present revision has been filed. He would however state that the ex-parte, based on which the EP was filed, itself was set aside and the suit was restored to file. However, once again the petitioner was set ex-parte and an ex-parte decree came to be passed on 12.06.2025, in respect of which, separate execution petition has been laid.

4.Recording the said submission, nothing survives for consideration in this revision. The Civil Revision Petition is dismissed. No costs. Connected Civil Miscellaneous Petition is closed.

09-07-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

ATA

To The X Assistant City Civil Court, Chennai.

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CRP No. 2858 of 2026

P.B.BALAJI, J.

ATA

CRP No.3324 of 2024

09-07-2026

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