Madras High Court
C.Sukumar vs E.Rajeswari @ Eswari on 28 June, 2021
CRP.No.3488 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No.3488 of 2018
and
CMP.No.19582 of 2018
C.Sukumar
S/o. K.Chandrachari ..Petitioner
Vs.
1. E.Rajeswari @ Eswari
W/o. S.Balasundaram
2. Mr.S.N.Manichandar @ Manichandran
S/o. Late. Mr.S.Nagarathinam
3. Mrs.Banumathi
W/o. Mr.Vivekanandan
4. Mrs.N.Shakunthala
W/o. T.Nesan
5. N.Cathalin Jeyamani
D/o. T.Nesan
6. Mrs.R.Rajeswari
W/o. O.Ramachandran
7. Mrs.B.Shanta
W/o. R.V.Bhimrao
8. Mrs.T.Kalaimani
1/4
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CRP.No.3488 of 2018
W/o. V.Sanjeevi
9. Mrs.P.Dharathi Suganthi
W/o. Prem Chandren
10. Mrs.B.K.Manimegalai
D/o. Mr.K.Rajagopal
11. Mr.P.Kohtandaraman
S/o. Panduranga Mudaliyar
12. Mr.K.Rajagopal
S/o. K.Kupusamy ..Respondents
PRAYER: The Civil Revision Petition is filed under Section 115 of Civil
Procedure Code praying to set aside the fair and decretal order dated
16.08.2018 made in I.A.No.233 of 2017 in O.S.No.198 of 2014 on the file
of the Additional District Judge, Thiruvallur, Poonamallee.
For Petitioner : M/s.M.G.Rajeswari
For Respondent : Mr.A.Saravanan for R1
No Appearance for R2 to R12
ORDER
This Civil Revision Petition is filed to set aside fair and
decretal order dated 16.08.2018 made in I.A.No.233 of 2017 in O.S.No.198
of 2014 on the file of the Additional District Judge, Thiruvallur,
Poonamallee, thereby dismissing the petition to condone the delay in filing
the petition to set aside the ex-parte decree.
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CRP.No.3488 of 2018
2. The petitioner is the 11th defendant and the first respondent is the
plaintiff in the suit. The first respondent herein filed a suit for partition.
After receipt of summons, the petitioner is instructed the first defendant to
intimate the stage of the suit. According to the petitioner, when the Court
below setting aside the ex-parte and the ex-pate decree was passed by the
judgment and decree dated 22.12.2014, the first defendant/second
respondent colluded with other parties in the suit for partition. While the
petitioner received notice in the final decree application, he came to
understand about the ex-parte decree passed by the trial Court.
Immediately, he filed a petition to set aside the ex-parte decree with the
delay of 924 days in filing petition to set aside the ex-parte preliminary
decree.
3. On perusal of the affidavit filed in support of the condone delay
petition, the petitioner duly served with the suit summons and thereafter, he
did not received the suit summons for the reason that he entrusted the
matter in the first defendant in the suit who is the vendor of the suit
property. According to the petitioner, he purchased a plot No.28 ad
measuring 1800 Sq. Ft while registered document No.4252/1990. After the
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CRP.No.3488 of 2018
period of 14 years, the present suit filed for partition and thereafter he was
granted patta and he obtained planning permission and constructed the
house and thereby he is residing there.
4. Considering the above, the Court below is directed to consider the
petitioner's prayer in the final decree application by allotting the respective
shares to the first defendant/second respondent herein in the suit, so as to
protect the interest of the petitioner herein, in respect of his residential
house which was purchased in the year 1990 from the first defendant.
5. Accordingly, this civil revision petition is disposed of.
Consequently, connected miscellaneous petition is closed. No order as to
costs.
28.06.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
dh
To
The Principal District Judge,
Kanchipuram.
https://www.mhc.tn.gov.in/judis/
CRP.No.3488 of 2018
G.K.ILANTHIRAIYAN,J.
dh
CRP.PD.No.3488 of 2018
28.06.2021
https://www.mhc.tn.gov.in/judis/
