Raja, vs Arun, | LawLens

CRP(MD) No. 2843 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2843 of 2026
CNR:{HCMD011396252026}
and
C.M.P(MD)NO.14617 of 2026
1. Raja,
D.No.51/1,
Muniyasamypuram 2nd Street,
Thoothukudi - 628 003.
2. Ammasi
Door No.51/2
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
3. Ramesh
Door No.51/3
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
..Petitioner(s)
Vs
1. Arun,
Door No.3/90
Mankottapuram,
Srivaikumdam Taluk,
Thoothukudi District.
Anthoniammal (Died)
2. Malliga
Door No.51/1
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
3. Santhi
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CRP(MD) No. 2843 of 2026
Door No.51/1
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
4. Sappanimuthu
Door No.51/2
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
5. Ramachandran
Door No.51/2
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
6. Shanmugalakshmi
Door No.51/2
Muniyasamypuram 2nd street
Thoothukudi - 628 003.
Xavior (Died),
Pushpam Mary (Died),
Mary (Died),
Suresh (Died)
7. Chellathai
W/o.nagaraj
Door No.51/4
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
8. Jothi
Door No.51/4A,
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
9. Ambrose
S/o.Not Known,
Door No.51/5
Muniyasamypuram 2nd Street
Thdothukudi - 628 003.
10.Gomathi
Door No.51/5
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CRP(MD) No. 2843 of 2026
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
11.Christian Sabha
Represented By Its Devotee Pitchaimuthu
S/o.not Known
Door No.51/5a
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
12.Chelladurai
S C.not Known.
Door No.51/5A,
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
13.Muthammal
Door No.51/6
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
Paranjothi (Died),
Paneerselvam (Died)
14.Kanagamani
D.No.51/7, 2nd Street, Muniyasamypuram
Thoothukudi-3.
15.M.S.SenthilArumugam
Door No.29/3, Masilamani 3rd Street
Thoothukudi - 628 003.
16.The State Of Tamilnadu
Represented By Its District Collector
Thoothukudi.
17.Thoothukudi Corporation Council represented by
its Commissioner
Thoothukudi.
18.Mookkammal
D/o.Late.Paranjothi,
Door No.51/6A,
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CRP(MD) No. 2843 of 2026
Masilamani 3rd Street,
Thoothukudi - 628 003.
19.Shanmugathai
D/o.Late.Paranjothi,
Door No.51/6A,
Masilamani 3rd street
Thoothukudi - 628 003.
20.Senthilvel
S/o.Late.Paranjothi,
Door N0.51/6A, Masilamani 3rd Street
Thoothukudi - 628 003.
21.Ganapathi
S/o.Late.Paranjothi,
Door No.51/6A, Masilamani 3rd Street
Thoothukudi - 628 003.
22.Rathi
D/o.Late.Paranjothi,
Door No.51/6A
Masilamani 3rd street
Thoothukudi - 628 003.
23.Arumugam
S/o.Late.Paranjothi,
Door No.51/6A
Masilamani 3rd Street
Thoothukudi - 628 003.
Maheswaran (Died)
24.Rani
D/o.Late.Paranjothi,
Door No.51/6A
Masilamani 3rd Street
Thoothukudi - 628 003.
25.Panchavarnam
Door No.51/2
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
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CRP(MD) No. 2843 of 2026
26.Sankareshwari
D/o.Ramachandran
Door No.51/2
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
27.Rajeshkannan
Door No.51/2
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
28.Amulraj
Door No.51/3
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
29.Suji
Door No.51/3, Muniyasamypuram 2nd street
Thoothukudi - 628 003.
30.Saji
Door No.51/3
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
31.Jenisten Thomas
Door No.51/3, Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
32.Latha
Door No.51/3, Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
33.Nithya
Door No.51/7
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
34.Karuppasamy
Door No.51/4A, Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
35.Annamuthu
Door No.51/4A,
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CRP(MD) No. 2843 of 2026
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
36.Latha
Door No.51/5
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
37.Kala
Door No.51/5
Muniyasamypuram 2nd Street
Thoothukudi
628 003.
38.Kaveri
Door No.51/5
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
39.Rajini
Door No.51/5
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
40.Viji
Doqr No.51/5
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
41.Anthony
Door No.51/5
Muniyasarnypuram 2nd Street
Thoothukudi - 628 003.
Petchiyammal (Died)
42.Kanagamani
Door No.51/7
Muniyasamypuram 2nd street
Thoothukudi - 628 003.
43.Santhi
Doorno.51/7
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CRP(MD) No. 2843 of 2026
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
44.Meena
Door No.51/7
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
45.Jenifer Mary
Door No.51/6A,
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
46.Minor.Pavilakhana
Door No.51/6A,
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
47.Minor.Mukisha
Door No.51/6a
Muniyasamypuram 2nd Street
Thoothukudi - 628 003.
(Resondents 46 and 47 are minors represented by
their mother and natural guardian 45th
Respondent herein)
..Respondent(s)
PRAYER: J-35. Civil Revision Petition filed under section 115 of Civil
Procedure Code, to set aside the fair and decreetal order dated,
22.08.2026, passed in E.P.No.3 of 2017 in O.S.No.50 of 2011 on the file
of II Addl District Court, Thoothukudi and to allow this Civil Revision
Petition and thus render justice.
For Petitioner(s) :M/s P.Santhana Krishnan
For Respondent(s) :K.Jeyamohan
Ashwini M
Ajay Sundar K
Caveator For R1
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CRP(MD) No. 2843 of 2026
ORDER
The revision petition is filed against the order dated 22.08.2026
passed in E.P.No.3 of 2017 in O.S.No.50 of 2011 on the file of the II
Additional District Court, Thoothukudi.
2. The petitioners herein are the second, seventh and thirteenth
defendants in the suit. The first respondent/plaintiff instituted the suit
seeking the reliefs of declaration and recovery of possession. The
petitioners failed to appear before the Trial Court, and consequently, they
were set ex parte. Subsequently, the first respondent/plaintiff initiated
execution proceedings in E.P. No. 3 of 2017, seeking delivery of
possession of the suit schedule property in accordance with the decree
passed in the suit.
3. The petitioners contend that they were not afforded a reasonable
opportunity to appear and contest the execution proceedings. Hence, they
seek to set aside the order passed in the execution petition. The
petitioners further submit that they are taking necessary steps to prefer an
appeal against the ex parte decree passed in the suit. Therefore, they pray
that the impugned order be set aside and that they be afforded an
opportunity to contest the proceedings in accordance with law.
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CRP(MD) No. 2843 of 2026
4. The learned counsel appearing for the first respondent/plaintiff
submits that the petitioners had already been afforded sufficient
opportunity to appear and contest the suit, but they failed to do so, and
consequently, the suit was decreed ex parte. The learned counsel further
submits that, even in the execution proceedings, proper notice was duly
served on all the respondents. However, the petitioners failed to appear
and contest the proceedings, and hence, the learned Trial Court passed the
impugned order in accordance with law.
The learned counsel also submits that only certain respondents,
namely, respondents 35 to 38, 41 to 43, 48 to 58, and respondents 39, 40,
44, 46 and 47, contested the proceedings. After hearing the parties
concerned, the Trial Court passed the impugned order, which is proper
and legally sustainable and does not warrant any interference by this
Court. Hence, the learned counsel prays for dismissal of the present
petition.
Upon perusal of the records, it is evident that the petitioners were
afforded sufficient opportunity and were duly served with summons in
the proceedings. However, they failed to appear before the Court and file
their counter. The suit was instituted in the year 2011, and the execution
petition has been pending since 2017. At this belated stage, the petitioners
seek to set aside the impugned order on the ground that they intend to
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CRP(MD) No. 2843 of 2026
take steps to prefer an appeal against the ex parte decree. The mere
intention to file an appeal cannot, by itself, a sufficient ground for setting
aside the order passed by the learned Trial Court.
In view of the foregoing circumstances, this Court finds no merit in
the Civil Revision Petition warranting interference with the impugned
order. Accordingly, the Civil Revision Petition stands dismissed. No
costs. Consequently, the connected miscellaneous petition is closed.
28-10-2026
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 II Addl District Court,
Thoothukudi
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CRP(MD) No. 2843 of 2026
R.POORNIMA, J.
NS
CRP(MD) No. 2843 of 2026
28-10-2026
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