CRP No. 1887 of 2023 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI CRP No. 1887 of 2023 & CMP.No.12047 of 2023 M.Chinnasamy S/o G.Marimuthu Gounder, Seerampalayam, Samayasangili Agraharam, Kumarapalayam Tk, Namakkal Dt ..Petitioner(s) Vs P. Natarajan S/o N.Palaniappan, No.1, Adikadu, Seerampalayam, Samayasangili Agraharam, Kumarapalayam Tk, Namakkal Dt ..Respondent(s) To set aside the fair and decretal order dated 21.03.2023 made in IA.No. 1 of 2021 in OS.No. 139 of 2021 on the file of the District Munsif Court, Kumarapalayam by allowing this CRP For Petitioner(s): C.Munusamy For Respondent(s): No appearance ORDER The petitioner is the plaintiff in a suit for damages. Alleging that the sugarcane field of the petitioner was set on fire by the defendant, the petitioner has laid the suit, seeking compensation. The petitioner also took out an application under Order XXXVIII Rule 5 of CPC for attachment before judgment. https://www.mhc.tn.gov.in/judis CRP No. 1887 of 2023 __________ Page2 of 4 2. The respondent entered appearance and filed a counter in ABJ application, denying the allegations in the affidavit, stating that he has no intention to dispose of the properties belonging to him. He has also denied the petitioner’s claim that the property, which is sought to be attached, is the only property belonging to the respondent-defendant and has voluntarily claim that he has several other properties in his name. The trial Court however has proceeded to dismiss the application, as against the same, the present revision has been filed. 3. In the revision, the respondent, despite service of notice, has not chosen to appear either in person or through counsel. 4. The learned counsel for the petitioner states that even in the suit, despite having filed counter in ABJ application and written statement in the suit, he was set ex-parte subsequently and an application has been taken out to set aside the said ex-parte order and the defendant is represented by a counsel. 5. In the light of the above, I am inclined to direct the learned counsel for the petitioner to serve private notice on the learned counsel who appears for the respondent-defendant before the trial Court for the hearing on 21.07.2026. https://www.mhc.tn.gov.in/judis CRP No. 1887 of 2023 __________ Page3 of 4 6. Post the matter on 21.07.2026. 07-07-2026 ATA To The District Munsif Court, Kumarapalayam. https://www.mhc.tn.gov.in/judis CRP No. 1887 of 2023 __________ Page4 of 4 P.B.BALAJI, J. ATA CRP No. 1887 of 2023 07-07-2026 https://www.mhc.tn.gov.in/judis