Sivasankaran vs Mahalakshmi Ammal (Died) 1.Priya

Court
Madras High Court

CRP(MD) No. 2751 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03-11-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2751 of 2023
CNR:{HCMD011136032023}
AND
CMP(MD)No.14301 of 2023
Sivasankaran
S/o. Isakkiyapillai,
Bangalow Nagar, Boss Ganapathy Illam,
Thirupoovanam Town,
Manamadurai Taluk,
Sivagangai District.
..Petitioner(s)
Vs
1. Mahalakshmi Ammal (Died) 1.Priya
W/o. Murali
No. 91-G, Warrior Colony,
Kamarajar Avenue 2nd Street,
Adayar 2nd Street,
Chennai.
2. Ramalingam
Door No. 66-2C, Block,
Maruthupandiyar Nagar,
District Collectorate Office,
Sivagangai Taluk and Town,
Sivagangai District
Now residing at
M/s. Nagamani Sound Service,
Majith Road, Karunya Nagar,
Sivagangai District.
3. Neela
W/o. Pandiyaraj
Chennampatti Village,
Via- Kalikudi,
Thirumangalam Taluk,
Madurai District.
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CRP(MD) No. 2751 of 2023
4. Jeyaraman
S/o. Veluchamy,
Door No. 129-1, Indira Nagar,
Virudhungar Town and Taluk,
Virudhunagar District.
5. Hari Balakrishnan
S/o. Chinnappa Naicker,
Door No. 207-A, Ramamoorthy Road,
Virudhungar Town and Taluk,
Virudhunagar District.
Now residing at
Vatchbai Complex,
District Collectorate Office Opp.
Virudhunagar - 626002.
6. Santha
W/o. Sathanantham,
Door No. 48 V.V. Vaiyapuri Street,
Virudhungar Town and Taluk,
Virudhungar District.
7. Parameshwaran
S/o. Veluchamy
Sevalpatti Village,
Virudhungar Town and Taluk,
Virudhungar District.
8. Anuradha
D/o. Late. Kandhasamy
Sankaranantham Village,
Sathur Taluk,
Virudhungar District.
9. Sankaramoorthy
S/o. Late. Kandhasamy
Sankaranantham Village,
Sathur Taluk,
Virudhungar District.
10.Rajalakshmi
D/o. Late. Paramasivam,
Kaliyamnan Kovil Street,
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CRP(MD) No. 2751 of 2023
Sevalpatti Village,
Virudhungar Town and Taluk,
Virudhungar District.
11.Pragadeeswari
D/o. Late. Paramasivam,
Kaliyamnan Kovil Street,
Sevalpatti Village,
Virudhungar Town and Taluk,
Virudhungar District.
12.Pragadeeswaran
S/o. Late. Paramasivam,
Kaliyamnan Kovil Street,
Sevalpatti Village,
Virudhungar Town and Taluk,
Virudhungar District.
13.Pandipriya
D/o. Late. Paramasivam,
Kaliyamnan Kovil Street,
Sevalpatti Village,
Virudhungar Town and Taluk,
Virudhungar District. ..Respondent(s)
PRAYER: J-35. Civil Revision Petition filed under Section 115 of Civil
Procedure Code, to Set aside the decree and judge dated. 01.08.2023 in
I.A. No. 1 of 2021 in unnumbered A.S. on the file of the learned Principal
District / Sessions Judge, Virudhunagar District at Sriviliputhur by
allowing this Civil Revision Petition and thus render justice.
For Petitioner(s) :M/s M/s.G.Thalaimutharasu
For Respondent(s) :M. Ramu
For R1
L. Prabhu, for R6
R5,R7,R10,R11, R12 and R13
No appearance
R2 To R4, R8 And R9 - Dismissed
As Default (vide Court Order Dt:
21.01.2025)
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CRP(MD) No. 2751 of 2023
ORDER
This petition is filed against the order dated 01.08.2023 passed in
IA.No.1 of 2021 in unnumbered A.S, on the file of the learned Principal
District/Sessions Judge, Virudhunagar District, at Srivilliputhur.
2. The petitioner is the 7th defendant in the suit, and the first
respondent is the plaintiff who instituted the suit seeking the relief of
permanent injunction. The suit was decreed as ex-parte against the
defendants on 12.12.2016. Aggrieved by the said judgment and decree,
the defendants 9 and 12 to 15 preferred an appeal in A.S. No. 27 of 2017.
However, subsequently, they not pressed the said appeal. Thereafter, the
petitioner filed I.A.No.10 of 2020 seeking to set aside the ex-parte decree
passed against him. The petitioner contended that unless an opportunity
was granted to him to contest the matter, he would be seriously
prejudiced and would not be in a position to establish his case on merits.
Therefore, after consulting his counsel, he decided to challenge the
judgment and decree passed in the suit by filing an appeal.
3.Accordingly, the petitioner filed an application seeking
condonation of delay of 1453 days in filing the appeal, stating that the
delay was neither wilful nor wanton and that an opportunity should be
granted to him to contest the matter on merits.
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CRP(MD) No. 2751 of 2023
4.The trial Court, upon perusal of the records, found that the
petitioner had not appeared before the trial Court or contested the suit and
was consequently set ex-parte. Thereafter, the petitioner approached the
appellate Court by filing an appeal along with an application seeking
condonation of delay of nearly four years. The trial Court further
observed that the reasons assigned by the petitioner for the delay were not
satisfactorily explained. It was the duty of the petitioner to remain
vigilant and follow the proceedings of the suit. However, the suit itself
was instituted in the year 2004, and the petitioner had neither appeared
nor taken steps to contest the matter at the relevant time. He had
approached the Court only at a belated stage, without furnishing any
convincing explanation for the enormous delay. Therefore, the trial Court
held that the petitioner had failed to establish sufficient cause for
condoning the delay of 1453 days and consequently dismissed the
application.
5.This Court, upon considering the submissions and perusing the
materials available on record, finds no perversity or illegality in the order
passed by the trial Court warranting interference in the present Civil
Revision Petition. The petitioner has failed to furnish a satisfactory
explanation for the delay, and this Court finds no merit in the revision
petition.
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CRP(MD) No. 2751 of 2023
6.With the above observation, this Civil Revision Petition stands
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
NS
To
1. The Section Officer
VR Section
Madurai Bench of Madras High Court
Madurai
2.The Principal District and Sessions Court,
Srivilliputhur.
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CRP(MD) No. 2751 of 2023
R.POORNIMA, J.
NS
CRP(MD) No. 2751 of 2023
AND
CMP(MD)No.14301 of 2023
03-11-2026
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