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Madras High CourtCMP/17264/2024ordered

Vijaya v. Annamalai

2026-03-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2026

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN in C.R.P.No.3159 of 2013 Vijaya W/O Balu, No.3/101, Pillaiyar Kovil St, Narasingarayan Pettai, Thachampadi, Chetpet Tk, Thiruvannamalai Dt.

..Petitioner(s) Vs

1. Annamalai S/o. Chinna Kutty Udayar, Nayampadi Village, Kallaripadi Post, Chengam Tk, Thiruvannamalai Dt, Pincode - 702.

2. Balu S/o. Chinna Kuzhandai Gounder, Old address No.24/A-1, Vasu Sri Ramulu St, Polur Town and Tk, Thiruvannamalai Dt, New Address No.1, Manampartha Jamedar St, Kosapet, Vellore and dt - 001.

..Respondent(s) PRAYER: Civil Miscellaneous Petition is filed under Section 151 of C.P.C., to set aside the order dated 12.01.2023 made in CRP No.3159 of 2013 passed in the absence of petitioner to rehear the matter and pass such further or other orders.

For Petitioner(s):

Mr. R.Balakrishnan For Respondent(s):

Mr.P.R.Shankar For R1 Mr.P.Gajendra Babu for R2

O R D E R

This Civil Miscellaneous Petition has been filed to set aside the order dated 12.01.2023 made in CRP No.3159 of 2013 passed by this Court, thereby allowed the Civil Revision Petition. 2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.

The Civil Revision Petition has been filed as against the injunction order dated 06.10.2012 made in E.A.No.214 of 2008 in E.P.No.105 of 2007 on the file of District Munsif Court, Chengam, thereby granted injuction. This Court allowed the Civil Revision Petitioner by an order dated 12.01.2013. On that day, the first respondent viz., the petitioner herein did not enter appearance and without her presence, the order was passed by this Court. The address of the petitioner was wrongly given in the Civil Revision Petition and the notice

was sent to the wrong address. Therefore, the petitioner did not receive any notice from this Court. Hence, the petitioner filed this petition to set aside the order dated 12.01.2023 passed by this Court in C.R.P.No.3159 of 2013 4.

Considering the above facts and circumstances, the order dated 12.01.2023 passed by this Court in CRP No.3159 of 2013 is hereby recalled and the Civil Miscellaneous Petition is ordered. 23.03.2026 (1⁄2) Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The District Munsif, Chengam.

G.K.ILANTHIRAIYAN, J.

rts in C.R.P.No.3159 of 2013 23.03.2026 (1⁄2)