Madras High Court
Sakunthala Ammal vs Revathy on 15 June, 2021
CRP.NPD.No.2342 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.2342 of 2018
Sakunthala Ammal ... Petitioner
Vs.
1. Revathy
2. Senthil
3. Bhuvaneswari
4. Dhanalakshmi
5. Abirami
6. Ravi
7. Kumar
8. Kannan
9. The Secretary,
Kancheepuram Co-operative Town Bank Ltd.,
Kancheepuram Taluk & District. ... Respondents
PRAYER: The Civil Revision Petition is filed under Section 115 of the
Civil Procedure Code, to set aside the order and decretal order dated
15.03.2018 made in I.A.No.258 of 2016 in O.S.No.33 of 2004 on the file of
the learned Subordinate Judge, Kanchipuram.
For Petitioner : Mr.P.R.Thiruneelakandan
For Respondents : Mr.T.S.Baskaran (for R-1)
: Ex-parte (for R-2 to R-9)
1/4
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.2342 of 2018
ORDER
This Civil Revision Petition is directed as against the order and
decretal order passed in I.A.No.258 of 2016 in O.S.No.33 of 2004 dated
15.03.2018 on the file of the learned Subordinate Judge, Kanchipuram,
thereby dismissing the petition to condone the delay in filing the application
to set aside the ex-parte decree.
2. The petitioner is the first defendant and the first respondent is the
plaintiff. The first respondent filed a suit for partition. Before the trial
Court, the petitioner failed to appear and as such, she was set ex-parte and
the preliminary decree was passed by the judgment and decree dated
0708.2013. Thereafter, on the strength of the preliminary decree, the first
respondent filed a final decree application. In the final decree proceedings,
the petitioner duly received the notice and contested the final decree
application. Thereafter, it was also decreed by the final judgment and decree
dated 12.08.2013. In fact, during the inspection of the Advocate
Commissioner, the petitioner was present and on her notice, the Advocate
Commissioner inspected the suit property and filed his report. On the
strength of the final decree, when the first respondent filed a petition for
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.2342 of 2018
possession of her share, the petitioner come forward with the petition to set
aside the ex-parte decree passed on 12.08.2013 along with the petition to
condone the delay of 2678 days. The petitioner was served notice in the
final decree application and she had also appeared in the final decree
proceedings. When that being so, after a period of 2678 days, that too after
the filing of execution petition for delivery of possession, the present
petition has been filed to set aside the ex-parte decree passed on
12.08.2013. Therefore, the Court below rightly dismissed the petition and
this Court finds no infirmity or illegality in the order passed by the Court
below.
3. Accordingly, this Civil Revision Petition is dismissed. No costs.
15.06.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
1. The Subordinate Judge, Kanchipuram.
2. The Section Officer,
V.R.Section, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.2342 of 2018
G.K.ILANTHIRAIYAN,J.
Kv
CRP.NPD.No.2342 of 2018
15.06.2021
https://www.mhc.tn.gov.in/judis/
