Pandimallar v. Chinnavelu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)No.16885 of 2025

1. Pandimallar,

2. Pandiammal,

3. Muthu,

4. Mokkasami,

5. Nagaiah, ... Petitioners Vs

1. Chinnavelu, S/o. Late. Mokkaiyan Alias Veeranan, Sundharrajapuram Rajathani Post, Antipatti Taluk, Theni Distict.

2. Chellakani, S/o. Chinnavelu, Sundharrajapuram Rajathani Post, Antipatti Taluk, Theni Distict.

... Respondents 1/4

PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the Fair and Decreetal order passed in IA No.9 of 2025 in OS No.06 of 2020 dated 08.07.2025 on the file of the Learned District Munsif Judge, Aundipatti, by allowing this Civil Revision Petition. For Petitioner : S.Vikram, Advocate.

ORDER

This Civil Revision Petition is filed to set aside the fair and decreetal order passed in IA No.9 of 2025 in OS No.06 of 2020 dated 08.07.2025 on the file of the Learned District Munsif Judge, Aundipatti, by allowing this Civil Revision Petition.

2. It is seen from the order impugned that the order of civil arrest had been issued pursuant to an order dated 30.04.2025 made in I.A.No.4 of 2022. It is the claim of the petitioner that no notice was ordered to him in the instant impugned order. A perusal of the order made in I.A.No.4 of 2022 dated 30.04.2025 would indicate that the Court after considering the claim of both the parties including the petitioner, had passed a detailed order allowing the application filed under Order 39 rule 2A of CPC, punishing the petitioner for disobeying the order of this Court dated 20.03.2020 made in I.A.No.1 of 2020. 2/4

The primodial contention is that there has been no notice served upon the petitioner and the Court had wrongly dispensed with the notice to the respondent. It is to be noted that the order dated 30.04.2025 punishing the petitioner for willful disobedience of the order made in the I.A.No.1 of 2020 and the I.A.No.1 of 2020 had yet not been challenged. In view of the same, the Court below was right in dispensing with the notice to the petitioner and this Court cannot subscribe to a person who has violated the order willfully.

3. Hence, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition stands closed. 22.10.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn To

1. The District Munsif, Aundipatti.

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

3/4

K.KUMARESH BABU, J pnn

ORDER

IN and CMP(MD)No.16885 of 2025 Date : 22/10/2025 4/4