Madras High Court
Mayakkal vs Muthukkanni on 21 October, 2024
Author: S.Srimathy
Bench: S.Srimathy
C.R.P.(MD)Nos.2232 and 2233 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.10.2024
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
C.R.P.(MD)Nos.2232 and 2233 of 2024
and
C.M.P.(MD)No.12641 of 2024
1.Mayakkal
2.Ochammal
3.Jeya
4.Selvi ... Petitioners in both cases
Vs.
Muthukkanni ... Respondent in both cases
PRAYER in C.R.P.(MD)No.2232 of 2024 : Civil Revision Petition is filed under
Section 115 of C.P.C., against the order, dated 26.06.2024, passed in I.A.No.401
of 2023 in in I.A.No.69 of 2022 in O.S.No.67 of 2018 on the file of the
Subordinate Court, Usilampatti.
PRAYER in C.R.P.(MD)No.2233 of 2024 : Civil Revision Petition is filed under
Section 115 of C.P.C., against the order, dated 26.06.2024, passed in I.A.No.402
of 2023 in in I.A.No.163 of 2019 in O.S.No.67 of 2018 on the file of the
Subordinate Court, Usilampatti.
https://www.mhc.tn.gov.in/judis
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C.R.P.(MD)Nos.2232 and 2233 of 2024
In both cases:
For Petitioners : Mr.S.Srinivasa Raghavan
for Mr.J.Senthil Kumaraiah
For Respondent : Mr.P.Ganapathi Subramaniyan
*****
COMMON ORDER
The suit is filed for partition. The revision petitioners are defendants 2, 5 to
7 and they were set exparte on 03.01.2019. Hence, an application to set aside
exparte decree was filed along with petition to condone the delay of 105 days in
I.A.No.163 of 2019 and the same was dismissed for non-prosecution and the
reason stated is that the revision petitioners could not appear due to COVID
restrictions. Against the same I.A.No.402 of 2023 was preferred to restore I.A.No.
163 of 2019 and the same was dismissed, against which the present civil revision
petition in C.R.P.(MD)No.2233 of 2024 is preferred.
2. In the meanwhile, I.A.No.69 of 2022 in O.S.No.67 of 2018 was filed for
passing final decree and the revision petitioners was set exparte on 31.01.2023.
Against which I.A.No.401 of 2023 was preferred in time but the same was also
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.2232 and 2233 of 2024
dismissed. Aggrieved over the same, the present civil revision petition in C.R.P.
(MD)No.2232 of 2024 is preferred.
3. The suit is filed for partition. If the revision petitioners are not allowed to
contest case, then the revision petitioners would lose the right over the suit
properties. But the revision petitioners would be entitled to the share in the suit
properties by statutory provisions since all the parties belong to the same family.
Therefore, this Court is of the considered opinion that the revision petitioners
ought to be heard and hence, this Court is inclined to allow the Civil revision
petitions and accordingly allowed.
4. The condone delay petition is allowed, consequently the preliminary
decree is set aside and the suit is restored on the file of Sub Court, Usilampatti.
The revision petitioners shall not take adjournments and shall cooperate with the
Trial. The partition suit may be heard within a period of six months from the date
of receipt of a copy of this judgment, thereafter, the rights of the parties shall be
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C.R.P.(MD)Nos.2232 and 2233 of 2024
determined. The final decree application may be filed after the judgment in the
sutit
5. With the above said observations, the civil revision petitions are allowed.
No costs. Consequently, connected miscellaneous petition is closed.
21.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
Tmg
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.2232 and 2233 of 2024
To
1.Subordinate Court,
Usilampatti.
2.The Section Officer,
Vernacular Records Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.2232 and 2233 of 2024
S.SRIMATHY, J.
Tmg
C.R.P.(MD)Nos.2232 and 2233 of 2024
21.10.2024
https://www.mhc.tn.gov.in/judis
