Petitioner, 8th defendant in a partition suit decreed exparte, sought condonation of 5408 days' delay in applying to set aside the preliminary decree. The trial court dismissed the application. The High Court found no sufficient cause was shown and dismissed the civil revision petition.
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CRP No. 4848 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-07-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 4848 of 2025
Ramasamy, S/o.Marappa Gounder, Kollaparayan Kadu, Elayampalayam, Kaliyanoor Agraharam Village, Thiruchengode Tk, Namakkal Dist.
..Petitioner(s)
Vs
R2 to R4 impleaded as respondent, vide order dated 6/7/2026 made in CMP No.1517/2026 in CRP No.4848/2025.
..Respondent(s)
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CRP No. 4848 of 2025
Prayer: Civil Revision Petition filed under Section 115 of CPC to set aside the order passed by the District Munsif at Kumarapalayam in IA.No.2/2025 in OS.No. 102/2006 dated 11.8.2025.
For Petitioner(s): Mr. R.Muruga Bharathi For Respondent(s): Mr.R.T.Vishnu for R1 Mr.C. Ramaraj for R2 to R4.
ORDER
This Civil Revision Petition has been filed to set aside the order passed
by the District Munsif at Kumarapalayam in I.A.No.2 of 2025 in O.S.No. 102 of 2006, dated 11.8.2025.
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therefore, the petitioner had knowledge of the proceedings in the suit for partition. It is also bought to my notice that final decree was passed as early as on 24.01.2014 and the execution proceedings has also been terminated.
court's findings, pointing out that the petitioner has not made out sufficient cause to condone the delay of 14 years i.e. 5408 days entitling him to discretionary remedy under Section 5 of the Limitation Act.
order as to costs.
16-07-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
MST
To
The District Munsif, Kumarapalayam.
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CRP No. 4848 of 2025
P.B.BALAJI, J.
MST
CRP No. 4848 of 2025
16-07-2026
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1 issue framed by the court
Whether the petitioner made out sufficient cause to condone a delay of 5408 days in filing an application to set aside the exparte preliminary decree.
2 provisions across 2 enactments
Ramasamy
Mariammal
Jayamani
Poongodi
Manimaran
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
