C.R.P.(PD).(MD)No.1754 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2025 CORAM THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD](MD)No.1754 of 2025 and C.M.P.(MD)No.9515 of 2025 Sulochana (died) 1.Manisekar 2.Minor Saran (Minor petitioner represented through his mother and next guardian the third appellant herein) 3.M.Rejithra ...Petitioners Vs. 1.Vasuki 2.Geetha 3.Deepa 4.Kanagaraj 5.Balan 6.Jeyakumar 7.Ramesh 8.Saravanan ...Respondents 1/6 https://www.mhc.tn.gov.in/judis C.R.P.(PD).(MD)No.1754 of 2025 PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records pertaining to the order dated 28.03.2025 passed in I.A.No.1 of 2024 in O.S.No.285 of 2019 on the file of the learned IV Additional District Judge, Madurai and set aside the same. For Petitioners : Mr.S.Rajasekar, for M/s.Roy and Roy Associates For R-1 : Mr.S.Satheesh Kumar For R-4 : Mr.D.Malaichamy ORDER This Civil Revision Petition has been filed to set aside the order dated 28.03.2025 passed in I.A.No.1 of 2024 in O.S.No.285 of 2019 on the file of the learned IV Additional District Judge, Madurai. 2. The first respondent herein filed a suit in O.S.No.285 of 2019 before the learned IV Additional District Judge, Madurai, against the deceased Sulochana, the petitioners, and respondent Nos.2 to 8 seeking partition, permanent injunction, declaration, and other reliefs. The petitioners herein, who are arrayed as defendants 2, 6, and 7, were impleaded as co-sharers. However, they were set ex parte on 16.06.2023 for non-appearance. Thereafter, the petitioners filed I.A.No.1 of 2024 under Order IX Rule 7 of CPC to set aside the ex parte order passed against them as well as the deceased first defendant 2/6 https://www.mhc.tn.gov.in/judis C.R.P.(PD).(MD)No.1754 of 2025 Sulochana. The said petition was dismissed by the trial Court on 28.03.2025. Challenging the said order, the present Civil Revision Petition has been filed. 4. The learned counsel for the petitioners would submit that the suit is still pending at the evidence stage and no final decree has been passed. The petitioners are co-sharers in the suit property, and their participation in the proceedings is essential for proper adjudication of the matter. No prejudice would be caused to the first respondent or other parties if the ex parte order is set aside, and the petitioners are permitted to contest the suit on merits. Despite these factors, the trial Court erroneously dismissed the petition. 5. Per contra, the learned counsel for the first respondent submitted that the petitioners were fully aware of the proceedings and chose not to participate. The petitioners filed the interlocutory application only at the fag end of the trial, and the trial Court rightly rejected the same. 6. Heard the learned counsel for the petitioners, the first respondent, and the fourth respondent. 7. On perusal of the records and considering the stage of the suit, it is evident that the matter is yet to be concluded and is only at the evidence stage. The petitioners are co-sharers and necessary parties to the suit for partition. A 3/6 https://www.mhc.tn.gov.in/judis C.R.P.(PD).(MD)No.1754 of 2025 decision in their absence would adversely affect their rights and may lead to multiplicity of proceedings. Therefore, an opportunity must be afforded to them to participate and file their written statement so that the dispute is adjudicated on merits. 8. In view of the above, the order dated 28.03.2025 passed in I.A.No.1 of 2024 in O.S.No.285 of 2019 on the file of the learned IV Additional District Judge, Madurai is hereby set aside and the petitioners are restored to file. The petitioners are directed to file their written statement within a period of two weeks from the date of restoration. The trial Court is directed to conclude the trial and dispose of the suit within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 29.07.2025 Internet:Yes/No Index:Yes/No TSG 4/6 https://www.mhc.tn.gov.in/judis C.R.P.(PD).(MD)No.1754 of 2025 To 1.The IV Additional District Judge, Madurai. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.R.P.(PD).(MD)No.1754 of 2025 M.DHANDAPANI , J. TSG C.R.P.(PD).(MD)No.1754 of 2025 29.07.2025 6/6 https://www.mhc.tn.gov.in/judis