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Madras High CourtCMP/15807/2025ordered

L.Amalarani v. P.Shouri Subash Reddy

2025-07-08Honourable Mr.Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI in CRP NO. 262 OF 2021 L.Amalarani W/o. Late S.R.Sundar Alias S.R.Robert Bellarmine Dominic Savio, Stella Matutina College of Education, Morning Star Hostel, 86th Street, Ashok Nagar, Chennai-83.

Presently at, D.No. 3/133A, Chinna Street, Vembathur Post, Michael Pattinam, Sivagangai 630 559.

Appellant(s) Vs.

1. P.Shouri Subash Reddy S/o. Chinniah Reddy, Door No. 2/210-3, Buddayapalle, Proddatur, YSR District, Kadappa, Andhra Pradesh-516 360.

2.K.S.Raghupathi S/o. Sidhaiya,

No. 117, 8th Cross Street, Mangala Nagar, Porur, Chennai-116 3.K.R.Karthick, S/o. K.S.Raghupathi, No.117, 8th Cross Street, Mangala Nagar, Porur, Chennai-116.

Respondent(s) For Petitioner : Mr.P.B.Emmanuel For R1 : Mr.T.N.Rajagopalan For R2 & R3 Mrs.R.Aparna

ORDER

The learned counsel for the first respondent would state that no notice was served on the first respondent, who have impleaded in the suit as defendant and subsequently the order impleading the first respondent has been set-aside, without being heard the first respondent.

2. The learned counsel for the Civil Revision Petitioner referred to AOS dated 16.06.2025 and contended that the first respondent has been served through speed post and the proof of the delivery containing her signature dated 13.06.2025 and the same is also produced before this Court and based on

which the Civil Revision Petition was heard.

3. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents 2 and 3 and perused the materials available on record.

4. However, as seen from the typed set filed by the first respondent even in the cross examination by the revision petitioner on 01.09.2023, the address of the first respondent is shown as Chennai address and she has stated in cross examination that she shifted to Sivagangai. Therefore, it is not known how the first respondent has been served at Arul Nagar, Nedumbaram, Tiruttani Taluk, Thiruvallur District in the Civil Revision Petition.

5. Be that as it may, admittedly the order has been passed without hearing the first respondent and hence, I am inclined to recall the order of passed in C.R.P.No.262 of 2021, dated 18.06.2025, and accordingly, the order is recalled.

Post both the Civil Revision Petition and Civil Miscellaneous Petition on 15.07.2025 under the caption "For orders".

08-07-2025 Jd To The Additional District Munsif Court, Tiruvallur.

P.B.BALAJI J.

jd AND CRP NO. 262 OF 08-07-2025