Nanjundan vs P. Govindharajan (Died) 1. G.Jeevajothi

Court
Madras High Court

CRP No. 5682 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5682 of 2026
and CMP No. 24522 of 2026
CNR: {HCMA011799132026}
Nanjundan
S/o. Gopal Gounder,
Door No.4A,
Panjapalli Road,
Sawthiyapatti,
Jothi Nagar,
Vallalar Thirukoil,
Marandahalli PO
Palacode Taluk,
Dharmapuri Dt.
..Petitioner(s)
Vs
P. Govindharajan (Died)
1. G.Jeevajothi
W/o. Govindharajan,
D.No.2/90,
Chikkamarandahalli Village,
Marandahalli,
Palacode Taluk,
Dharmapuri District.
2. G.Kalpana
W/o. Kumaran,
D.NO.7/56,
Muniyappan Kovil Street,
Palacode Taluk,
Dharmapuri District.
3. G.Kalaiarasi
W/o. Sivakumar,
No.3/1691-2,
New Colony,
Vennampatti Road,
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CRP No. 5682 of 2026
Dharmapuri Taluk and District.
4. M.Chitra
D/o. Govindharajan,
Door No.1-93A,
Chikkamarandahalli Village,
Marandahalli,
Palacode Taluk,
Dharmapuri District.
5. J.Sharmila
W/o. Janarthanan,
Door NO.3/345,
CMK Nagar,
Seelnayakanpatti,
Dhasanayakkanpatti,
Salem District.
6. G.Karthikeyan
S/o. Govindharajan,
Door NO.1-93A,
Chikkamarandahalli Village,
Marandahalli,
Palacode Taluk,
Dharmapuri District.
7. G.Jeevakrishnan
S/o. Govindharajan,
Door NO.1-93A,
Chikkamarandahalli Village,
Marandahalli,
Palacode Taluk,
Dharmapuri District.
8. N.S.Sathiyamoorthy
S/o. Sambath Chettiar,
No.21B Balasubramani Street,
Marandahalli Post,
Palacode Taluk,
Dharmapuri District.
9. The Branch Manager
Tamilnadu Industrial Investment Corporation,
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CRP No. 5682 of 2026
DDC Building,
Melmadi,
Pennagaram Road,
Dharmapuri District.
10.Murugesan
S/o. Kutti Udaiyar,
No.168,
Muthu Udaiyar Street,
Marandahalli,
Palacode Taluk,
Dharmapuri District.
11.R.Krishnakumar
S/o.Ramalingam,
Door No.26/8
Marandahalli Main Road,
Palacode Taluk,
Dharmapuri District.
12.R.Nirmala
W/o. Rajasekaran,
No.183E,
Sathiram Street,
Marandahalli,
Palacode Taluk,
Dharmapuri District.
..Respondent(s)
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the fair and decreetal order dated 06.06.2026 in IA No.26 of
2019 in OS No.129 of 2002 on the file of the Subordinate Judge, Palacode and
thus render justice.
For Petitioner(s): Mr.R.Selvakumar
For Respondent(s): Mr.B.Kumarasamy for R1 to R7
R8 to R12 - Notice Dispensed With
Vide Court Order Dt. 18.09.2026
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CRP No. 5682 of 2026
ORDER
This Civil Revision Petition has been filed under Article 227 of the
Constitution of India challenging the fair and decreetal order dated 06.06.2026
passed in IA No.26 of 2019 in OS No.129 of 2002 on the file of the Subordinate
th
Judge, Palacode, wherein the application filed by the 5 defendant and his legal
representatives under Section 5 of the Limitation Act to condone the delay of
523 days in filing the petition to set aside the ex-parte decree came to be
allowed by the Court below.
2.Heard the learned counsel for the petitioner and the learned counsel
appearing on behalf of respondents 1 to 7 and carefully perused the materials
available on record and this Court also carefully went through the order passed
by the Court below.
3.The petitioner is the plaintiff who filed the suit in O.S.No.129 of 2002,
rd
seeking for the relief of declaration to declare the auction conducted by the 3
respondent/1st defendant as null and void, cancellation of the Sale Certificate
st
issued in favour of the 1 defendant on 22.11.1996 and for permanent
injunction.
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CRP No. 5682 of 2026
th
4.The 5 defendant filed the application to condone the delay of 523 days
in filing the petition to set aside the ex-parte decree. Upon his demise, his legal
heirs were brought on record.
5.The Court below allowed the application on the ground that an
opportunity must be given to the defendants to prosecute the suit and the Court
below also imposed the condition of payment of costs of Rs.20,000/- to the
plaintiffs. Aggrieved by the said order, the present Civil Revision Petition has
been filed before this Court.
6.The main ground urged on the side of the petitioner is that there was
absolutely no reason to condone the exorbitant delay of 523 days in filing the
th
application to set aside the ex parte decree. The 5 defendant was only a
subsequent purchaser of the property from defendants 2, 3 and 4 and the Court
below had improperly exercised its discretion and allowed the application.
7.The Court below took into consideration the nature of relief that has
been sought for by the plaintiff. The Court below also took into consideration
the fact that the plaintiff will get the opportunity to establish their case by
adducing evidence and advancing their contentions in accordance with law and
th
an opportunity must be given to the 5 defendant to contest the case to render a
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CRP No. 5682 of 2026
substantial justice. Considering the delay, the Court below also imposed costs of
Rs.20,000/- payable by the defendants to the plaintiffs.
8.The Court below has properly exercised its discretion and the order
does not suffer from any perversity warranting interference of this Court.
9.In the light of the above discussion, the order dated 06.06.2026 in IA
No.26 of 2019 in OS No.129 of 2002 on the file of the Subordinate Judge,
Palacode, is confirmed and this Civil Revision Petition stands dismissed and the
Court below is directed to dispose of the suit in O.S.No.129 of 2002, within a
period of six months from the date of receipt of copy of this order. No Costs.
Consequently, the connected miscellaneous petition is closed.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SSR
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CRP No. 5682 of 2026
To
The Subordinate Judge, Palacode.
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CRP No. 5682 of 2026
N.ANAND VENKATESH, J.
SSR
CRP No. 5682 of 2026
27-10-2026
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