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Madras High CourtCMP/15265/2025allowed

Hamsaveni, v. Sathiyendran,

2025-07-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Hamsaveni, Appellant(s) Vs

1. Sathiyendran, 2.Vijayasankar, 3.Gangatharan, 4.Revathi, 5.Umamaheswari, 6.V.Suryanarayanan, Respondent(s) PRAYER This Civil Miscellaneous Petition has been filed under Section 151 of CPC to grant Leave to file the Civil Revision Petition before this Honourable Court against the Judgment and decree dated 20.02.2024 passed in O.S.No.1485 of 2022 by the Principal Subordinate Judge, Coimbatore. 1/4

For Appellant(s):

M. Mohamed Riyaz

ORDER

This petition has been filed to grant leave to the petitioner to file revision petition as against the judgment and decree dated 20.02.2024 passed by the Principal Subordinate Court, Coimbatore in O.S.No.1485 of 2022.

2. According to the petitioner, the respondents have conveniently filed a suit for partition among themselves, including the property of the petitioner, who has purchased the same from a different owner through a sale deed dated 27.01.2021. Without making the petitioner as party to the suit, the first respondent filed the suit against the respondents 2 to 6 for partition and an exparte decree came to be passed for dividing the properties among themselves. Only when the exparte decree was sought to be registered before the SubRegistrar's Office, the petitioner came to know about the decree passed in respect of his property. Hence, seeks to grant leave to file a Civil Revision Petition challenging the judgment and decree dated 20.02.2024, which was obtained behind his back in respect of his property. 2/4

3. Considering the nature of the allegations raised, and the petitioner has also placed a copy of the sale deed to substantiate his submissions that he has also purchased one of the items of the suit properties from different owners, this petition is allowed and leave is granted.

04-07-2025 Mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Principal Subordinate Court, Coimbatore.

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N.SATHISH KUMAR J.

mrp 04-07-2025 4/4