BASHYAKARA AUDHI CHENNA KESAVA PERUMAL TEMPLE vs Perumal Reddiar (Deceased)

Court
Madras High Court

CRP No. 6811 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP Nos. 6811, 6813 & 6814 of 2026
CNR:{HCMA011665492025}
AND
CMP NO. 29300, 29302 & 29299 OF 2026
Bashyakara Audhi Chenna Kesava Perumal
Temple
Rep by its Executive Officer
K.R.Koil Premises
West Mambalam
Chennai 600 033
..Petitioner(s)
Vs
Perumal Reddiar (Deceased)
1. Perumal Pillay Alias Kannan
No.24, Old No.16-A,
2nd Street, Madley Road,
T.Nagar,
Chennai 600 017
2. P.Srinivasan
No.24, Old No.16-A,
2nd Street,
Madley Road,
T.Nagar,
Chennai 600 017
3. Ponniah
No.24, Old No.16-A,
2nd Street, Madley Road,
T.Nagar,
Chennai 600 017
4. Raj
No.24, Old No.16-A,
2nd Street, Madley Road,
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CRP No. 6811 of 2026
T.Nagar,
Chennai 600 017
5. Seshachala Iyer
No.24, Old No.16-A,
2nd Street,
Madley Road,
T.Nagar, Chennai 600 017
6. Govinda Reddy
No.24, Old No.16-A,
2nd Street, Madley Road,
T.Nagar,
Chennai 600 017
7. P.Jayalakshmi
No.24, Old No.16-A,
2nd Street,
Madley Road,
T.Nagar, Chennai 600 017
8. P.Saravanan
No.24, Old No.16-A,
2nd Street,
Madley Road,
T.Nagar,
Chennai 600 017
9. P.Kannan
No.24, Old No.16-A,
2nd Street, Madley Road,
T.Nagar,
Chennai 600 017
..Respondent(s)
CRP No. 6813 of 2026
CNR:{HCMA011665472025}
A/m. Bashyakara Audhi Chenna Kesava Perumal
Temple,
Rep. by its Executive Officer
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CRP No. 6811 of 2026
K.R. Koil Premises
West Mambalam
CHENNAI 600 033.
..Petitioner(s)
Vs
Perumal Reddiar (Deceased)
1. Perumal Pillay Alias Kannan
No.24, Old No.16-A,
2nd Street, Madley Road,
T.Nagar,
Chennai 600 017
2. P.Srinivasan
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
3. Ponniah
No.24, Old No.16-A, 2nd Street,
Madley Road, T.Nagar,
Chennai 600 017
4. Raj
No.24, Old No.16-A, 2nd Street,
Madley Road, T.Nagar,
Chennai 600 017
5. Seshachala Iyer
No.24, Old No.16-A, 2nd Street,
Madley Road, T.Nagar,
Chennai 600 017
6. Govinda Reddy
No.24, Old No.16-A, 2nd Street,
Madley Road, T.Nagar,
Chennai 600 017
7. P.Jayalakshmi
No.24, Old No.16-A, 2nd Street,
Madley Road, T.Nagar,
Chennai 600 017
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CRP No. 6811 of 2026
8. P.Saravanan
No.24, Old No.16-A, 2nd Street,
Madley Road, T.Nagar,
Chennai 600 017
9. P.Kannan
No.24, Old No.16-A, 2nd Street,
Madley Road, T.Nagar,
Chennai 600 017
..Respondent(s)
CRP No. 6814 of 2026
CNR:{HCMA011665482025}
A/m BASHYAKARA AUDHI CHENNA
KESAVA PERUMAL TEMPLE,
Rep by its Executive Officer
K.R.Koil Premises
West Mambalam
Chennai 600 033.
..Petitioner(s)
Vs
Perumal Reddiar (Deceased)
1. Perumal Pillay Alias Kannan
residing at No.24, Old No.16-A,
2nd Street, Madley Road,
T.Nagar,
Chennai 600 017
2. P.Srinivasan
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
3. Ponniah
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
4. Raj
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
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CRP No. 6811 of 2026
5. Seshachala Iyer
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
6. Govinda Reddy
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
7. P.Jayalakshmi
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
8. P.Saravanan
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
9. P.Kannan
No.24, Old No.16-A, 2nd Street, Madley Road,
T.Nagar, Chennai 600 017
..Respondent(s)
CRP No. 6811 of 2026
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to allow the CRP and set aside the fair order and Decreetal order dated
25-02-2025 made in I.A.No.3/2022 in O.S.No.8574/1978 on the file of the IV
Assistant City Civil Court, Chennai and thus render justice
CRP No. 6813 of 2026
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to allow the CRP and set aside the fair order and Decreetal order dated
25-02-2025 made in I.A.No.1/2022 in O.S.No.8574/1978 on the file of the IV
Assistant City Civil Court, Chennai and thus render justice
CRP No. 6814 of 2026
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to allow the Civil Revision Petition and set aside the Fair Order and
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CRP No. 6811 of 2026
Decreetal Order dated 25.02.2025 made in I.A.No.2 of 2022 in O.S.No.8574 of
1978 on the file of the IV Assistant City Civil Court, Chennai.
For Petitioner(s):
in all CRPs
Mr.Wilson Topaz
ORDER
These Civil Revision Petitions have been filed under Article 227 of the
Constitution of India challenging the fair and decreetal order dated 25-02-2025
passed in IA.Nos.1, 2 & 3 of 2022 in O.S.No.8574 of 1978 on the file of the IV
Assistant City Civil Court, Chennai, wherein the applications filed by the
petitioner/plaintiff to condone the delay in filing the application to set aside the
abatement, to set aside the abatement and to bring on record the legal
st
representatives of the 1 defendant came to be dismissed by the Court below.
2.Heard the learned counsel for the petitioner 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 seeking for the relief of
recovery of possession and other consequential reliefs. The suit was decreed on
30.11.2000. Appeals were filed by the aggrieved party and the Appellate Court
allowed the appeal and remanded the matter for a de nova trial by a common
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CRP No. 6811 of 2026
judgment dated 22.02.2010. Upon remand, the Trial Court was awaiting for the
original documents and it was received on 21.03.2019. A memo was filed
st
before the Court below on 05.09.2019, informing that the 1 defendant had died.
Due to the intervening pandemic period, the applications were not filed and
ultimately, the applications came to be filed by the petitioner in the year 2022 to
condone the delay, to set aside the abatement and to bring on record the legal
st
representatives of the deceased 1 defendant.
4.The Court below has dismissed all these applications on the ground that
the delay is exorbitant and it has not been properly explained.
5.This Court is inclined to deal with these Civil Revision Petitions even at
the admission stage, since the mere delay in filing the applications cannot, by
itself, result in their dismissal, particularly when the suit is admittedly pending
and the trial is yet to commence following the order of remand for a de novo
trial by the Appellate Court.
6.Useful reference can be made to the judgment of the Apex Court in
Subramani and Ors. vs. Ramasamy and Ors. reported in 2007 3 MLJ 22 ,
wherein it was held that, in cases dealing with delay in filing an application to
set aside the abatement, a liberal construction has to be given for substantial
justice.
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CRP No. 6811 of 2026
7.The Court must keep in mind the fact that the suit was initially decreed
and was thereafter remanded by virtue of the judgment passed in the appeal.
The suit has been pending before the Court for a long time. Therefore, instead
of dismissing the applications on hyper-technical grounds, the Court has to
focus on the disposal of the suit. No prejudice will be caused to anyone if the
st
legal representatives of the deceased 1 defendant are brought on record.
8.In the light of the above discussion, the fair and decreetal order passed
in IA.Nos.1, 2 & 3 of 2022 in O.S.No.8574 of 1978, is hereby set aside and all
these Civil Revision Petitions are allowed. The Court below is directed to
st
implead the legal representatives of the deceased 1 defendant and proceed
further with the suit and dispose of the suit in O.S.No.8574 of 1978, within a
period of four months from the date of receipt of copy of this order. No Costs.
Consequently, the connected miscellaneous petitions are closed.
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SSR
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CRP No. 6811 of 2026
To
The IV Assistant City Civil Court, Chennai.
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CRP No. 6811 of 2026
N.ANAND VENKATESH J.
SSR
CRP Nos. 6811, 6813 & 6814 of 2026
AND
CMP NO. 29300, 29302 & 29299 OF 2026
28-10-2026
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