O.Rajendran Alias Raja v. R.Vigneshwar Alias Vignesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 C O R A M THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.R.P.(MD) No.1091 of 2024 O.Rajendran @ Raja ... Petitioner Vs.

R.Vigneshwar @ Vignesh ... Respondent PRAYER: Petition filed under Article 227 of the Constitution of India to set aside the order dated 09.02.2024 made in I.A.No.01 of 2023 in O.S. No. 385 of 2021 on the file of the Principal Sub-Court, Dindigul. For Petitioner : Mr.R.Suriya Narayanan For Respondent : Mr.M.Pitchai Muthu

ORDER

This Civil Revision Petition invoking Article 227 of the Constitution of India has been filed challenging the order dated 09.02.2024 made in I.A.No.1 of 2023 in O.S.No.385 of 2021 before the Principal Sub-Court, Dindigul.

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2.

Heard Mr. R.Suriya Narayanan, Learned Counsel appearing for the Petitioner, Mr. M.Pitchai Muthu, Learned Counsel appearing for the Respondent and perused the materials available on record. 3.

Learned Counsel for the Petitioner represents that I.A. No. 1 of 2023 has been filed by the Respondent to appoint an Advocate Commissioner in the final decree proceedings pursuant to the ex-parte preliminary decree passed on 07.11.2022 in O.S. No. 385 of 2021 on the file of the Principal Sub-Court, Dindigul. It is now brought to notice that the Petitioner had filed an application to set aside the ex-parte decree in I.A. No. 2 of 2024, which is pending in condone delay sInduge. 4.

In view of the same, the order passed by the Trial Court appointing an Advocate Commissioner is set aside with a clarification that depending upon the outcome of the application in I.A. No. 2 of 2024, further proceedings in I.A. No. 1 of 2023 shall take place in accordance with law. Further, there shall be a direction to the learned Principal Sub Judge, Dindigul to dispose of the I.A.No.01 of 2023 in O.S. No. 385 of 2/4

2021, as expeditiously as possible.

This Civil Revision Petition is disposed on the aforesaid terms. No costs.

21.01.2026 Index : Yes/No NCC : Yes/No Indu 3/4

N.SENTHILKUMAR, J.

Indu To:- 1.The Principal Sub-Court, Dindigul.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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