C.R.P.(MD)No.1607 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P(PD)(MD)No.1516 of 2025 and C.M.P.(MD)No.7660 of 2025 V.I.Varununni (deceased) 1.Jose Paul 2.Reena Varunny 3.Sheeja Kennedy 4.Shijoy Varghese 5.Shinto Ajith ... Petitioners Vs. Satheesh Kumar ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order and decretal order passed in I.A.No.2 of 2023 in O.S.No.243 of 2012 on the file of the Principal District Munsif, Padmanabapuram dated 12.02.2025. For Petitioners : Mr.Charles Kamlesh M.Appaji ORDER This Civil Revision Petition is filed challenging decreetal order passed in I.A.No.2 of 2023 in O.S.No.243 of 2012 on the file of the Principal District Munsif, Padmanabapuram, dated 12.02.2025. 1/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1607 of 2025 2.Since no adverse order is going to be passed as against the respondents, notice to the respondents is dispensed with. 3.The petitioners are the plaintiffs in a suit for permanent injunction filed as against the respondent /defendant in O.S.No.243 of 2012. The suit was decreed ex-parte on 04.12.2018. Thereafter, the respondent filed a set aside application within the limited period of 30 days. However, the same was returned. Subsequently, the respondent filed another Interlocutory Application seeking to condone the delay of 437 days in re-presenting the set aside application and the same was again returned. Thereafter, the respondent filed the present interlocutory application in I.A.No.2 of 2023 for condoning the delay of 1215 days in re-presenting the said application. The said application was allowed. Challenging the same, the present Civil Revision Petition is filed by the petitioners. 4.The learned counsel for the petitioners would submit that though the respondent filed the set aside application within a period of 30 days from the date of ex-parte decree, the subsequent representation application was filed with delay of 1215 days and the delay was not properly explained. However, the trial Court allowed the application and the same is not permissible. 2/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1607 of 2025 5.The fact in the present case is not disputed. Admittedly, the ex-parte decree was passed as against the respondent/defendant. Thereafter, the defendant filed the set aside application within the prescribed period of thirty days from the date of ex-parte decree. However, the said application was returned and the respondent failed to re-present the said application within the time limit. When the respondent seeks to condone the delay in representing, the said application also got returned. Hence, the subsequent delay of 1215 days in re-presenting the application was sought to be condoned in I.A.2 of 2025 and the same as allowed by the trial Court. 6.Admittedly, the petitioners are plaintiffs and an ex-parte decree was passed in their favour and the same was set aside by the Court below by condoning the re-presentation application in I.A.No.2 of 2025. Admittedly, the ex-parte decree was passed without providing any opportunity to the respondent herein and the same is a clear violation of the principles of natural justice and thereby the trial Court exercised its discretion to allow the re-presentation application in I.A.No.2 of 2025 and the same need not be interfered with. Accordingly, this Civil Revision Petition is dismissed. Considering the fact that the suit is of the year 2012, the trial Court is directed to dispose of the suit 3/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1607 of 2025 within a period of six [6] months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 02.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ta/MR 4/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1607 of 2025 To 1.The Principal District Munsif, Padmanabapuram 2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1607 of 2025 M.DHANDAPANI,J. ta/MR C.R.P.(PD)(MD)No.1516 of 2025 02.06.2025 6/6 https://www.mhc.tn.gov.in/judis