Badmavathi v. Rajendiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 14255 OF 2026 Badmavathi W/o. Kaliyaperumal Petitioner(s) Vs

1. Rajendiran S/o. Ramadoss 2.Chithra W/o. Rajendran Respondent(s) PRAYER To set aside the fair and decreetal order passed in I.A. No. 7 of 2025 in MCOP No. 129 of 2019 on the file of MACT and Principal District Sessions Court, Ariyalur dated 28/01/2026 in so for as it directs the petitioner to deposit a sum of Rs.5,00,000/- for setting aside the ex-parte Judgment and decree dated 10/03/2025 For Petitioner(s):

MR.S.Kamadevan For Respondent(s):

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order passed in I.A. No. 7 of 2025 in MCOP No. 129 of 2019 on the file of MACT and Principal District Sessions Court, Ariyalur.

2. The learned counsel for the petitioner submits that the petitioner is a senior citizen. Due to a lack of communication with her counsel, the petitioner was unable to file the counter-objection in MCOP No. 129 of 2019, and due to her absence, an ex-parte decree was passed on 10.03.2025. Immediately thereafter, the petitioner filed an application to set aside the ex-parte decree, in which there was a delay of 243 days. Hence, the petitioner filed an application to condone the delay of 243 days in filing the set-aside application. The Trial Court allowed the application on the condition that she deposit a sum of Rs. 5,00,000/- towards part payment of compensation to the respondents. Therefore, the petitioner filed this Civil Revision Petition to set aside the condition imposed by the Trial Court.

3. Considering the fact that the petitioner is a senior citizen aged about 68 years, this Court is inclined to modify the condition imposed by the Trial Court. Accordingly, the petitioner is directed to deposit a sum of Rs. 1,00,000/- towards compensation to the respondents within a period of 6 weeks from the date of receipt of a copy of this order. On such deposit being made, the

respondent is permitted to withdraw the same upon filing an undertaking affidavit. Further, on production of the deposit receipt of Rs. 1,00,000/- before the Trial Court, the Trial Court is directed to take the set-aside petition on file and dispose of the said petition in accordance with law within a period of 4 weeks. Depending upon the outcome of the set-aside petition, the Trial Court is directed to dispose of MCOP No. 129 of 2019 within a period of 3 months thereafter.

4. In the result, this Civil Revision Petition is allowed. No Costs. Pending petition, if any, is closed.

12-06-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The MACT and Principal District Sessions Court, Ariyalur.

2. The Section Officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl AND CMP NO. 14255 OF 2026 12-06-2026