Madras High Court
Kannimuthu vs Selvaraj on 29 November, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
C.R.P.Nos. 3246, 3253, 3269 & 3278 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
C.R.P.Nos.3246, 3253, 3269 & 3278 of 2023
and
C.M.P. No. 20202 of 2023
Kannimuthu ... Petitioner in
C.R.P.No.3246/2023
Umadevi ... Petitioner in
C.R.P.Nos.3253/2023
1. Umadevi
2. Periyasamy ... Petitioners in
C.R.P.No.3269/2023
Kannimuthu ... Petitioner in
C.R.P.No.3278/2023
Vs.
Selvaraj ... Respondent in
all C.R.P.s
PRAYER: Civil Revision Petitions filed under Art. 227 of Constitution
of India, praying to set aside the common fair and decreetal order passed
1/5
https://www.mhc.tn.gov.in/judis
C.R.P.Nos. 3246, 3253, 3269 & 3278 of 2023
in I.A.Nos. 7 to 10 of 2023 in O.S.No. 222 of 2015, dated 05.07.2023 on
the file of the Subordinate Judge, Dharapuram.
For Petitioners in
all C.R.P.s : Mr.M.Guruprasad
For Respondent in
all C.R.P.s : Mr. K. Sudhakar
COMMON ORDER
Challenging the common fair and decreetal order 05.07.2023
passed by learned Sub-Judge, Dharapuram, the Revision
Petitioners/defendants 4 and 10 have preferred this Civil Revision
Petition.
2. The learned counsel for Revision Petitioners would submit that
after remained exparte, they have filed two suits in O.S.Nos. 428 of 2015
and 329 of 2016 and entered into compromise among themselves. Now,
to drag on the proceedings, they came forward with that application to set
aside the exparte order. By way of reply, the learned counsel for
respondent would submit that those two suits were filed among their
https://www.mhc.tn.gov.in/judis
C.R.P.Nos. 3246, 3253, 3269 & 3278 of 2023
family members and no way connected with the present suit. However,
he was set exparte. As on date, the trial is not completed. Hence, he
prayed to dismiss these Civil Revision Petition.
3. Records perused. On perusal of entire facts, it reveals that as per
contentions of learned counsel for respondent, those two suits were filed
among their family members and the same are not connected with the
present suit and so far, the trial is not completed. So, if opportunity is not
given to them, their valuable right to defend the case will be defeated.
But, the trial judge without considering their submissions erroneously
dismissed the applications and the same is liable to be set aside.
Accordingly, these Civil Revision Petitions are allowed and the findings
of the trial judge in a common order passed in I.A.Nos. 7 to 10 of 2023 is
set aside and all the applications are ordered to be allowed. Now, the suit
is riped for judgment. So, both parties are directed to cooperate with the
trial proceedings without causing unnecessary delay, more particularly,
the defendants 4 and 10 already filed their written statement and the trial
judge is directed to permit them to putforth their defence. On hearing
https://www.mhc.tn.gov.in/judis
C.R.P.Nos. 3246, 3253, 3269 & 3278 of 2023
both sides, the trial judge is directed to complete the trial and dispose the
case within a period of three months from the date of receipt of copy of
this order. No costs. Consequently, the connected Civil Miscellaneous
Petition is closed.
29.11.2023
Index : Yes / No
Internet : Yes / No
Speaking/Non-speaking order
rpp
To
Sub-Judge,
Dharapuram.
https://www.mhc.tn.gov.in/judis
C.R.P.Nos. 3246, 3253, 3269 & 3278 of 2023
T.V.THAMILSELVI, J.
rpp
C.R.P. Nos.3246, 3253, 3269 & 3278 of 2023
29.11.2023
https://www.mhc.tn.gov.in/judis
