Madras High Court
Subramaniam vs Nithya on 18 June, 2021
CRP.PD.Nos.712 & 713 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.Nos.712 & 713 of 2018 and
CMP.Nos.3690 & 3691 of 2018
CRP.No.712 of 2018
1.Subramaniam
2.Ethiraj
3.Vasantha
4.Vimala ..Petitioners
Vs.
1.Nithya
2.Semala ..Respondents
PRAYER:
The Civil Revision Petition is filed under Section 115 of CPC to
allow the civil revision petition by setting aside the order in IA.No.216
of 2017 in OS.No.427 of 2014 dated 16.12.2017 on the file of the Sub
Court at Arakonam.
For Petitioners : Mr.G.Thangavel
For Respondents : Mr.K.V.Ananthakrushan
CRP.No.713 of 2018
1.Subramaniam
2.Ethiraj
3.Vasantha
4.Vimala ..Petitioners
1/6
https://www.mhc.tn.gov.in/judis/
CRP.PD.Nos.712 & 713 of 2018
Vs.
1.Nithya
2.Semala ..Respondents
PRAYER:
The Civil Revision Petition is filed under Section 115 of CPC to
allow the civil revision petition by setting aside the fair and decretal
order in IA.No.217 of 2017 in OS.No.427 of 2014 dated 16.12.2017 on
the file of the Sub Court at Arakonam.
For Petitioners : Mr.G.Thangavel
For Respondents : Mr.K.V.Ananthakrushan
COMMON ORDER
These Civil Revision Petitions are filed to set aside the order
in IA.No.216 of 2017 in OS.No.427 of 2014 dated 16.12.2017 on the
file of the Sub Court at Arakonam; and to set aside the fair and
decretal order in IA.No.217 of 2017 in OS.No.427 of 2014 dated
16.12.2017 on the file of the Sub Court at Arakonam, thereby allowing
the petition to condone the delay and also to set aside the exparte
decree.
2. The petitioners are the plaintiffs and the respondents are
the defendants. The petitioners filed suit for declaration declaring that
the plaintiffs are the absolute owner of the “B” schedule property of
2/6
https://www.mhc.tn.gov.in/judis/
CRP.PD.Nos.712 & 713 of 2018
the suit, which is a portion of the “A” schedule property. They also
prayed for delivery of possession in respect of the “B” schedule
property and mandatory injunction to remove the thatched house put
up on the “B” schedule property. The respondents appeared before the
trial court and also filed written statement. After framing of issues,
when the suit was ripe for trial, the petitioners have examined PW1 on
13.04.2016 and when PW1 was in box for cross examination, the
respondents or their pleader did not appear before the trial court and
failed to cross examine PW1. Therefore, on 13.04.2016, the
respondents were set exparte. In the subsequent hearings, the
petitioners have examined PW2 on 20.04.2016 and examined PW3 on
08.09.2016. Thereafter, the suit was posted for exparte judgment on
15.09.2016.
3. Though the trial court passed detailed judgment, in
consonance with Order 20 Rule 5 of CPC, it is an exparte judgment
and decree. Further, it is also seen from the B Diary extract,
categorically shows that on 13.04.2016, the respondents or their
pleader did not appear before the trial court and failed to cross
examine PW1 and as such on 13.04.2016, they were set exparte.
Thereafter, on 08.09.2016, the suit was posted on 15.09.2016 for
exparte judgment and decree. On 15.09.2016, judgment and decree
3/6
https://www.mhc.tn.gov.in/judis/
CRP.PD.Nos.712 & 713 of 2018
was passed against the respondents and the suit was allowed.
Thereafter, the respondents filed petition to set aside the exparte
decree along with condone delay application. After examining the
petition, court below rightly allowed the petition to condone the delay
as well as to set aside the exparte judgment and decree dated
15.09.2016. Therefore, this Court finds no infirmity or illegality in the
order passed by the court below.
4. Accordingly, both the civil revision petitions are dismissed.
However, considering that the suit is of the year 2014, the court below
is directed to dispose of the suit within a period of three months from
the date of receipt of copy of this order. Consequently, connected
miscellaneous petitions are closed. No order as to costs.
18.06.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lok
4/6
https://www.mhc.tn.gov.in/judis/
CRP.PD.Nos.712 & 713 of 2018
To
The Subordinate Judge,
Arakonam.
5/6
https://www.mhc.tn.gov.in/judis/
CRP.PD.Nos.712 & 713 of 2018
G.K.ILANTHIRAIYAN,J.
lok
CRP.PD.Nos.712 & 713 of 2018
18.06.2021
https://www.mhc.tn.gov.in/judis/
