Madras High Court
Vasanthi vs Swamidas on 5 September, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P.(MD)No.917 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD)No.917 of 2024
and
C.M.P.(MD)No.5029 of 2024
Vasanthi ... Petitioner / Respondent / Plaintiff
Vs.
Swamidas ... Respondent / Petitioner / Defendant No.3
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, to call for the records pertaining to the order dated 17.11.2023 passed in
I.A.No.201 of 2022 in O.S.No.207 of 2007 by the learned District Munsif cum
Judicial Magistrate Court No.I, Kodaikanal and to set aside the same by
allowing this Civil Revision Petition.
For Petitioner : no appearance
For Respondent : Mr.G.Prabhu Rajadurai
https://www.mhc.tn.gov.in/judis
1/5
C.R.P.(MD)No.917 of 2024
ORDER
None appears for the revision petitioner yesterday. The case was
therefore directed to be listed under the caption 'for dismissal' today. Today
also, there is no representation. Heard the learned counsel appearing for the
respondent.
2. The petitioner herein filed O.S.No.207 of 2007 for permanent
injunction restraining the defendants from interfering with her possession of the
suit property. The respondent herein was shown as the third defendant. The
plaintiff obtained an exparte order of add interim injunction. To vacate the
same, the third defendant filed I.A.No.286 of 2007. The matter was heard at
length. Ex.P1 to Ex.P8 were marked on the side of the plaintiff / petitioner.
Ex.R1 to Ex.R4 were marked on the side of this respondent herein. On the side
of the first defendant, Ex.R1 to Ex.R5 were marked. The court below
considered the materials on record on either side. It noted that the third
defendant (respondent) herein had already obtained decree against the
petitioner / plaintiff in O.S.58 of 2003 and O.S.No.59 of 2003. Copies of the
decrees obtained in the aforesaid suits is enclosed in the typed set of papers.
They were also marked as Ex.R1 & Ex.R2. Interim injunction granted in
favour of the plaintiff was also vacated. While so, an exparte decree came to be
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passed on 22.07.2013. The third defendant / respondent herein claims that he
was not aware of passing of the exparte decree. There was a delay of 3132 days
in filing IA. To set aside the same and to condone the delay, I.A.No.201 of
2023 was filed. Vide order dated 17.11.2023, the said IA was allowed by the
court below. Questioning the same, this civil revision petition came to be filed.
3. As already noted, the revision petitioner has not appeared to question
the correctness of the order passed by the court below. After going through the
materials on record, I am more than satisfied that the impugned order does not
call for interference. While passing an exparte decree dated 22.07.2013, the
court below had observed that the defendants were set exparte. If only the
court below had a look at the order dated 29.10.2007 made in I.A.No.286 of
2007, such decree would not have been passed. It is also seen that the third
defendant had filed the written statement on 15.02.2012. There is no reference
to the contents of the written statement in the Judgment dated 22.07.2013. No
doubt, there has been enormous delay on the part of the respondent herein in
filing a set aside petition. But then, to render substantial justice, the trial
munsif had condoned the delay. Discretion has been properly exercised. The
exparte Judgment and decree dated 22.07.2013 in O.S.No.207 of 2007 suffers
from perversity on the very face of it. At this stage, I do not want to pass any
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more comments. The impugned order has been correctly passed and it does not
warrant interference.
4. The Civil Revision Petition is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
05.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
rmi
To:
The District Munsif cum Judicial Magistrate Court No.I, Kodaikanal.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
rmi
05.09.2024
https://www.mhc.tn.gov.in/judis
