Madras High CourtCRP/1134/2026disposed of

Murugesan v. Janatha

2026-02-27Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI CRP No.1134 of 2026 Murugesan S/o. Late Gopal, Lakkampatti Village, Hanumantheertham Post, Uthangarai Taluk, Krishnagiri District.

..Petitioner(s) Vs

1. Janatha W/o.Chidambaram Vedapatti Village M.Vellalapatti Post Uthangarai Taluk Krishnagiri District.

Indrani (Died) Murugavel (Died) Gopal (Died)

2. Banu W/o.Late Murugavel Door No.83/D, Lakkampatti Village Katteri Post Uthangarai Taluk Krishnagiri District ..Respondent(s) PRAYER : Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Uthangarai to dispose of the I.A No.4 of 2025 in OS No.193 of 2017 pending on the file of the Subordinate Court at Uthangarai within a stipulated period.

For Petitioner(s):

Mr.K.Govi Ganesan Mr.R.Inian

ORDER

This Civil Revision Petition is filed to direct the Subordinate Court, Uthangarai to dispose of the I.A No.4 of 2025 in OS No.193 of 2017 pending on the file of the Subordinate Court at Uthangarai within a stipulated period.

2. Heard Mr.R.Inian, learned counsel for the petitioner.

3. The learned counsel for the petitioner seeks direction, by way of disposal of this Revision Petition, to the Subordinate Court at Uthangarai, to dispose of the condone delay application pending in I.A.No.4 of 2025 in O.S No.193 of 2017. According to the learned counsel for the petitioner, the revision petitioner is the third defendant in the suit in O.S.No.193 of 2017 before the Subordinate Court, Uthangarai and he has been set ex parte in the suit. In order to set aside the ex parte order, an application has been filed under Order IX Rule 13, along with an application to condone the delay of 518 days in taking out the application to set aside the preliminary decree passed on 13.06.2023.

4. The learned counsel for the petitioner would submit that the application having been filed as early as in 2025, it has been pending for over a year and

thereby caused serious prejudice to the petitioner. By taking advantage of the ex parte decree, the plaintiff is attempting to proceed with the final decree proceedings.

5. In light of the above, considering the limited relief sought in the Revision, I am inclined to dispense with the notice to the respondents.

6. Accordingly, this Civil Revision Petition is disposed of and the Subordinate Court, Uthangarai, is directed to dispose of the I.A.No.4 of 2025, in accordance with law on or before 10.04.2026. No costs. 27-02-2026 Index: Yes/No Speaking/Non-speaking order GSK To The Subordinate Court, Uthangarai.

P.B.BALAJI, J.

GSK 27-02-2026