Shyamalagowri v. Rajamohammed,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(MD)No.2214 of 2025 Shyamalagowri

...Petitioner

Vs.

1.Rajamohammed 2.The Branch Manager, Sriram General Insurance Company, D.No.4210-10-No.66, 2nd Floor, Citycenter Complex, Thirumalaipillai Road, Chennai-17.

3.Ithrishrahuman

...Respondents

PRAYER: Civil Revision Petition is filed under Section 115 CPC to set aside the fair and decreetal order passed in unnumbered I.A....2017 in I.A.No.205 of 2016 in M.C.O.P.No.989 of 2012 on the file of the learned Additional District Judge, Dindigul and reopen the case.

For Petitioner : Mr.S.M.Mohan Gandhi * * * * *

ORDER

This petition has been filed seeking a direction to set aside the fair and decreetal order passed in unnumbered I.A. ... of 2017 in I.A. No. 205 of 2016 in 1/4

M.C.O.P. No. 989 of 2012 on the file of the learned Additional District Judge, Dindigul, and to reopen the case.

2. Since no adverse orders are going to be passed against the respondent, notice to the respondent is dispensed with.

3. The petitioner, along with four others, filed a petition in M.C.O.P. No. 989 of 2012 on the file of the learned Additional District Judge, Dindigul, against the respondents seeking compensation. However, the said petition was dismissed for default on 11.02.2016. Thereafter, the petitioner herein filed an interlocutory application in I.A. No. 205 of 2016 to restore the petition. However, the same was returned for compliance with certain defects. Due to an overlap and communication gap between the petitioners and their counsel, the same was not represented within the time fixed by this Court. On 07.08.2018, the petition was rejected. Hence, the petitioner prays before this Court to set aside the fair and decreetal order passed in unnumbered I.A. ... of 2017 in I.A. No. 205 of 2016 in M.C.O.P. No. 989 of 2012 on the file of the learned Additional District Judge, Dindigul.

4. Considering the limited request of the petitioner, the trial Court is directed to set aside the fair and decreetal order passed in unnumbered I.A. ... of 2017 in I.A. No. 205 of 2016 in M.C.O.P. No. 989 of 2012 on the file of the 2/4

learned Additional District Judge, Dindigul, and to take the unnumbered I.A. ... of 2017 on file, assign a number to the petition, and proceed further in accordance with law, after affording sufficient opportunity to the respondents, and dispose of the same as expeditiously as possible.

5. Accordingly, the Civil Revision Petition stands disposed of. No costs. 11.08.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Additional District Court, Dindigul.

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

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M.DHANDAPANI , J.

TSG C.R.P.(MD)No.2214 of 2025 11.08.2025 4/4