B.Mayavan v. D. Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRP NO. 2284 OF 2022,CMP NO. 11709 OF 2022
1. B.Mayavan S/o. Bodi Chetty, Kaliamman Koil Post, Gangavalli Tauk, Salem District.
Appellant(s) Vs
1. D. Ramesh Rajamanickkam 2/168, Goodamalai
Respondent(s) CRP No. 2284 of 2022
1. B.Mayavan S/o. Bodi Chettyy, Kaliamman Koil Post, Gangavalli Tauk, Salem District.
Appellant(s) Vs
1. D.Ramesh Rajamanickkam2/168, Goodamalai
Respondent(s) PRAYER To set aside the judgment and decree dt. 08.04.2022 passed by the III Additional District Judge, Salem in IA No.422/2021 in OS No.116/2005 CRP No. 2284 of 2022 PRAYER To set aside the Judgment and decree dated 08.04.2022 passed by the III Additional District Judge, Salem in IA.No.421 of 2021 in OS.NO. 116 of 2005. For Appellant(s):
Mr.J.Sudhakaran For Respondent(s):
Mr.R.Rajarajan For R1 R2 And R3 -no Appearance JUDGEMENT CMA No. 691 of 2025 has been filed to set aside the judgment and decree dt. 08.04.2022 passed by the III Additional District Judge, Salem in IA No.422/2021 in OS No.116/2005.
2. CRP No. 2284 of 2022 has been filed to set aside the Judgment and decree dated 08.04.2022 passed by the III Additional District Judge, Salem in IA.No.421 of 2021 in OS.NO. 116 of 2005.
3. Heard both sides.
4. Considering the facts of the case, the suit is filed for partition and also summons has not issued to the petitioner without which the exparte decree has been passed. Hence, this Court is inclined to set aside the order passed in IA No.421 & 422 of 2021 in OS No.116/2005. Thus, IA No.421 & 422 of 2021 in OS No.116/2005 is allowed. Accordingly, both the Civil Miscellaneous Appeal and Civil Revision Petition are allowed. Further, the petitioner is directed to pay the cost of Rs.5,000/- each to the respondents and the Trial Court is directed to take the case of file within a period of two weeks from the date of receipt of a copy of order and dispose the same within a period of three months without giving unnecessary adjournment. Pending petition(s), if any, is/are closed. 10-07-2025 pbl
To 1.D. Ramesh Rajamanickkam 2/168, Goodamalai
4. The Section Officer, V.R Section, High Court, Madras.
5. The III Additional District Judge, Salem.
T.V.THAMILSELVI J.
pbl AND CRP NO. 2284 OF 2022,CMP NO. 11709 OF 2022 10-07-2025