S.Senthilkumar v. Varun Apartment Owners Welfare Association

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI S.Senthilkumar S/O. M.Sekar, Flat No.50/50, Ground Floor 144, HIG Scheme, Venugopal Street, Mogappair, Chennai - 600037.

..Petitioner(s) Vs Varun Apartment Owners Welfare Association Rep. by its President C.T.Ramachandran, Block No.50, 144, HIG Scheme, Venugopal Street, Mogappair, Chennai - 600037.

..Respondent(s) To set aside the fair and decretal order passed by the Learned Dist.Munsif at Ambattur in IA.No.3 of 2024 in OS.No.275 of 2018 on 06-112025. For Petitioner(s):

M/s. K.Selvakumar

ORDER

The defendants in O.S. No. 275 of 2018 on the file of the District Munsiff Court, Ambattur is the revision petitioner.

2. I have heard Mr. K. Selvakumar, learned counsel for the revision petitioner.

3. Today, I have disposed of connected revision petitions in CRP.Nos. 734 and 741 of 2026. In view of the same, similar order is also passed in the present revision petition, at the stage of admission. No prejudice would be caused to the respondent, sine the earlier orders were passed only in the presence of the learned counsel for the respondent.

4. In the light of the above and also taking into account that the delay is only 53 days, I am inclined to allow the revision in the following directions: (i) The respective petitioner shall deposit a sum of Rs. 15,000/- each to the credit of their respective suit viz., O.S. No. 275 of 2018 on the file of the District Munsif Court, Ambattur within a period of two (2) weeks from the date of receipt of the copy of the order.

(ii) Subject to compliance of Clause (I) above, the ex-parte decree shall stand set aside.

(iii) The amount of Rs.15,000/- deposited to the credit of O.S. No. 275 of 2018 , shall not be permitted to be withdrawn by the respondent/plaintiff and it shall be subject to the result of the suit and the Trial Court shall incorporate suitable directions in the decree subject to its ultimate findings in the suit, while answering the issues to be framed.

(iv) The Trial Court shall frame issues within a period of two (2) weeks from the date of the petitioners reporting compliance of the payment of Rs. 15,000/- and shall thereafter, expedite trial and dispose of the suit within a period of six (6) months.

5. In fine, this Civil Revision Petition is allowed with the above directions. No costs.

18-02-2026 Index: Yes/No Speaking/Non-speaking order JENI

P.B.BALAJI, J.

JENI 18-02-2026