Madras High CourtCRP/3138/2026disposed of

P.Senthilkumar v. P.Viswanathan

2026-06-05Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.Nos.13704 & 13706 of 2026

1. P.Senthilkumar S/o Palanisamy, NO.7, Ramasamy Goundar Layout, Thennampalayam Extension, Tiruppur 641 407 Petitioner(s) Vs

1. P.Viswanathan S/o Ponnusamy, No.8/8A, A.V.P.Layout, Gandhi Nagar, Tiruppur 641 603 Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to set aside the impugned docket Order dated 20.02.2026 passed in IA.No.2 of 2025 in OS.No.16 of 2019 on the file of the Subordinate Court, Avinashi. For Petitioner(s):

MR.T.Balaji For Respondent(s):

ORDER

Challenging the order allowing the application filed by the defendant in I.A. No.2 of 2025 for condonation of delay and setting aside the ex parte decree, which was allowed on payment of costs of Rs.5,000/-, the plaintiff has preferred the present revision.

2. The learned counsel for the revision petitioner submitted that nearly four years after the decree, the defendant came forward with the application and the same was allowed. He further submitted that the defendant appeared only during the execution proceedings and thereafter filed the application to set aside the ex parte decree.

3. Since the suit is one for specific performance, an opportunity ought to be given to the parties. The respondent/defendant is the owner of the property. Therefore, the trial Court allowed the application on payment of costs, which requires no interference.

4. However, considering the fact that the respondent came forward with the application only after the execution proceedings were initiated, this Court is inclined to enhance the costs from Rs.5,000/- to Rs.10,000/-. The respondent shall pay the said amount within a period of three weeks from the date of receipt of a copy of this order.

5. Since the suit was instituted in the year 20139, the trial Court is directed to dispose of the suit, after hearing both sides, within a period of four months.

6. With the above directions, this Civil Revision petition is disposed of. Consequently, the connected miscellaneous petitions are closed. No costs. 05-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.P.Viswanathan S/o Ponnusamy, No.8/8A, A.V.P.Layout, Gandhi Nagar, Tiruppur 641 603.

2.The Subordinate Judget, Avinashi.

3.The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri 05-06-2026