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K.Suresh Kumar v. M.Naveen

Madras HC15 Jun 2026CRP/5425/2025

Case brief

AI extract

What is this about?

Civil Revision Petition under Article 227 Constitution of India; setting aside ex parte order; ex parte order set aside where application filed immediately after with sufficient reasons; no ex parte decree passed; time-bound disposal of suit for recovery of possession and arrears of rent; IV Assistant City Civil Court Chennai; O.S. No. 7020 of 2023; I.A. No. 2 of 2025; Abdul Quddhose J.; no costs; connected miscellaneous petitions closed.

What did the court decide?

Impugned order dated 22.09.2025 in I.A. No. 2 of 2025 in O.S. No. 7020 of 2023 set aside; ex parte order dated 13.08.2025 set aside; trial Court directed to dispose of O.S. No. 7020 of 2023 within three months from receipt of a copy of the order; no costs; connected miscellaneous petitions closed. ¶35

K.Suresh Kumar Vs M.Naveen — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 22.09.2025 passed in I.A. No. 2 of 2025 in O.S. No. 7020 of 2023 (dismissing the application to set aside the ex parte order dated 13.08.2025) should be set aside in this Civil Revision Petition.

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Court's answer

The ex parte order dated 13.08.2025 is set aside because I.A. No. 2 of 2025 was filed immediately after the ex parte order was passed and sufficient reasons were given by the petitioner/defendant to set it aside.

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Ratio / Principle

The impugned order dated 22.09.2025 passed in I.A. No. 2 of 2025 in O.S. No. 7020 of 2023 on the file of the IV Assistant City Civil Court, Chennai, is set aside and the Civil Revision Petition is disposed of.

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Key takeaways

The trial Court (IV Assistant City Civil Court, Chennai) is directed to dispose of O.S. No. 7020 of 2023 within a period of three months from the date of receipt of a copy of the order; no costs awarded; connected miscellaneous petitions closed.ratio¶35
The petitioner's undertaking, given through learned counsel, to proceed with the trial within a time frame to be fixed by this Court is recorded; the petitioner had already filed a written statement.obiter¶23
No ex parte decree has been passed; the impugned order relates only to an ex parte order.

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose J.) allowed CRP No. 5425 of 2025 filed under Article 227 of the Constitution of India and set aside the order dated 22.09.2025 of the IV Assistant City Civil Court, Chennai, dismissing I.A. No. 2 of 2025 in O.S. No. 7020 of 2023, a suit by the respondent/plaintiff against the petitioner/defendant for recovery of possession and arrears of rent with interest. The trial Court had set the defendant ex parte on 13.08.2025 during cross-examination of the plaintiff's witness, and had dismissed the defendant's application to set aside that ex parte order as an attempt to drag on the proceedings. Holding that the application was filed immediately after the ex parte order with sufficient reasons, that no ex parte decree had been passed, and that no prejudice would be caused to any party since the plaintiff's interest stood protected by a time frame, the Court set aside the ex parte order dated 13.08.2025, recorded the defendant's undertaking to proceed with the trial within a fixed time frame, and directed the trial Court to dispose of O.S. No. 7020 of 2023 within three months of receipt of a copy of the order. No costs; connected miscellaneous petitions closed.

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CRP No. 5425 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15-06-2026

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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CRP NO. 5425 OF 2025 and CMP No. 9164 of 2026 and CMP NO. 27300 OF 2025

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K.Suresh Kumar

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Petitioner(s)

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M.Naveen

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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 Set aside the Fair Order and Decreetal Order dt. 22.09.2025 in I.A No. 2/2025 in OS No. 7020 / 2023 passed by the IV Assistant City Civil Court, Chennai.

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For Petitioner(s): Mr. C. Kasirajan For Respondent: Mr. P.Romulus Navaratnam

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ORDER

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This Civil Revision Petition has been filed, seeking to set aside the order dated 22.09.2025 passed in I.A. No. 2 of 2025 in O.S. No. 7020 of 2023 on the file of the IV Assistant City Civil Court, Chennai.

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

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CRP No. 5425 of 2025

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The petitioner is the defendant in the suit and the respondent is the plaintiff. The suit has been filed for recovery of possession and for payment of arrears of rent together with interest by the respondent/plaintiff.

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During the cross-examination of the plaintiff's witness, the petitioner

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sought time to cross-examine the plaintiff's witness. However, the trial Court has set the petitioner/defendant ex parte through the order dated 13.08.2025. I.A. No. 2 of 2025 was filed by the petitioner/defendant in O.S. No. 7020 of 2023, seeking to set aside the ex parte order dated 13.08.2025. Under the impugned order, the trial Court has dismissed the said application on the ground that only to drag on the proceedings, the petitioner has filed I.A. No. 2 of 2025.

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The learned counsel for the petitioner would submit that the petitioner

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has already filed a written statement and is willing to proceed with the trial within a time frame to be fixed by this Court. The undertaking given by the petitioner through the learned counsel for the petitioner is recorded. Admittedly, no ex parte decree has been passed, but the impugned order relates only to an ex parte order.

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

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CRP No. 5425 of 2025

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No prejudice will be caused to any of the parties, if the impugned order

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is set aside by this Court and a direction is issued to the trial Court to dispose of the suit within a time frame to be fixed by this Court, and if such an order is

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passed, the interest of the respondent/plaintiff will also be protected.

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The suit has been filed by the respondent/plaintiff against the petitioner/defendant, seeking for recovery of possession and for payment of arrears of rent. Therefore, necessarily, the suit has to be disposed of as expeditiously as possible. Therefore, in the interest of justice, this Court deems it fit to direct the trial Court to dispose of the suit within a time frame to be fixed by this Court.

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Since the application has been filed by the petitioner/defendant, seeking to set aside the ex parte order immediately after the ex parte order was passed and sufficient reasons have been given by the petitioner/defendant to set aside the ex parte order, this Court deems it fit to set aside the ex parte order dated 13.08.2025.

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For the foregoing reasons, the impugned order dated 22.09.2025 passed in I.A. No. 2 of 2025 in O.S. No. 7020 of 2023 on the file of the IV Assistant

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

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CRP No. 5425 of 2025

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City Civil Court, Chennai, is hereby set aside by this Court and this Civil Revision Petition is disposed of by directing the trial Court, namely, the IV Assistant City Civil Court, Chennai, to dispose of O.S. No. 7020 of 2023 within

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a period of three months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.

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15-06-2026

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

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The IV Assistant City Civil Court, Chennai

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

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