P.Amaresan v. S.Sumathi @ Hemalatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Amaresan ... Petitioner vs.

S.Sumathi @ Hemalatha ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed by the learned Sub Judge, Ranipet in I.A.No.2 of 2021 in I.A.No.36 of 2018 in H.M.O.P.No.133 of 2014, dated 31.08.2023.

For Petitioner : M/s.A.Monika for M/s.S.Sathia Chandran For Respondent : Mr.E.Balamurugan

O R D E R

The Civil Revision Petition is filed challenging the order passed by the Sub Judge, Ranipet, dismissing the application filed by the petitioner in I.A.No.2 of 2021 seeking to restore I.A.No.36 of 2018, which was inturn filed to restore H.M.O.P.No.133 of 2014, which was also dismissed for default.

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2. Since an application rejecting a petition filed under Order 9 Rule 9 of the Code of Civil Procedure is appealable one under Order 43 of the Code of Civil Procedure, the civil revision petition is not maintainable.

3. Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioner to file an appeal before the Regular Appellate Court. No costs.

17.02.2026 (1/2) Index : Yes / No Speaking order : Yes / No : Yes / No dm Note: The Registry is directed to return the certified copy of the impugned order passed in I.A.No.2 of 2021 in I.A.No.36 of 2018 in H.M.O.P.No.133 of 2014, dated 31.08.2023 to the learned counsel for the petitioner, after obtaining necessary endorsement.

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To The Sub Judge, Ranipet.

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S.SOUNTHAR, J.

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