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Madras High CourtCRP(MD)/1936/2025dismissed for default

R.G.Sentilkumar v. K.Ramasamy

2025-08-05Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P(MD)Nos.11072 of 2025 R.G.Sentilkumar

...Petitioner

Vs.

K.Ramasamy

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Consitution of India, to set aside the fair order and decree dated 14.10.2024 passed in I.A.No.02 of 2024 in O.S.No.79 of 2020, on the file of the Principal District Court, Srivilliputhur, Virudhunagar District by allowing this Civil Revision Petition.

For Petitioner : Mr.R.Jagadeeshwaran For Respondent : Mr.S.Muniyandi

ORDER

This petition has been filed seeking to set aside the fair and decreetal order dated 14.10.2024 passed in I.A.No.02 of 2024 in O.S.No.79 of 2020, on the file of the Principal District Court, Srivilliputhur, Virudhunagar District. 1/5

2. The learned counsel appearing for the petitioner would submit that the petitioner is a defendant in the suit in O.S.No.79 of 2020 filed by the respondent for recovery of money. The said suit was decreed ex-parte on 06.07.2022. Aggreived by the same, the petitioner filed an application to set aside the exparte decree with the delay of 500 days under Section 5 of Limitation Act and section 151 of CPC in I.A.No.2 of 2024. The said petition was dismissed vide order dated 14.10.2024. Challenging the same, this Civil Revision Petition is filed.

3. The learned counsel for the respondent would submit that the respondent filed O.S.No.79 of 2020, on the file of the Principal District Court, Srivilliputhur for recovery of money and it was decreed ex-party on 06.07.2022. Aggrieved by the same, the petitioner/defendant filed an application to set aside the ex-parte decree with the delay of 500 days and in that there is no proper explanation for each and every delay, thereby, the trial Court dismissed the petition, which need not be interfered with and prays for dismissing the petition.

4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

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5. This Court by an order dated 22.07.2025 granted an interim stay on condition that the petitioner shall deposit a sum of Rs.5,00,000/-.

6. The matter is listed today under the caption 'for reporting compliance'.

7. When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the order of this Court, dated 22.07.2025 has not been complied with.

8. Considering the facts and circumstances of the case and also considering the fact that the delay has not been properly explained by the petitioner, the trial Court has rightly dismissed the said application and the order of this Court dated 22.07.2025 has not been complied with, there is no irregularity or illegality in the said order warranting interference by this Court. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.The Principal District Court, Srivilliputhur, Virudhunagar District 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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