CRP No. 4751 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-01-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CRP No. 4751 of 2025 C.M.P.No.23978 of 2025 1. Jerome Royappan 2. Alexander Royappan ..Petitioner(s) Vs 1. Martin Selvam 2. The Secretary to Government Home Department, Fort S.George, Chennai-09. 3. The Director General of Police, Mylapore, Chennai. 4. The Superintendent of Police, Tiruvarur. 5. The Inspector of Police Land Grabbing Unit/District Crime Branch, Tiruvarur District. 6. The Inspector of Police Nannilam Police Station, Tiruvarur District. 7. The Inspector of Police Tiruvarur Town Police Station, Tiruvarur District. 8. The District Collector Tiruvarur, Tiruvarur District. https://www.mhc.tn.gov.in/judis CRP No. 4751 of 2025 __________ Page2 of 5 9. The Tahsildar Nannilam Taluk, Tiruvarur District. ..Respondent(s) Prayer:- Civil Revision filed under Article 227 of the Constitution of India, pleased to set aside the fair and final order dated 04.09.2025 in I.A.No.5 of 2025 in O.S.No.8118 of 2019 on the file of the Court of the XV Additional Judge, City Civil Court, Chennai, and thus render justice. For Petitioner(s): Mr.M.Sivavarthanan For Respondent(s): Mr.P.N.George Graham for M/s.Devadason and Sagar (firm) for R1 Mr.N.Muthuvel Government Advocate (CS) for R2 to R9 ORDER The Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioners / defendants 9 and 10 seeking to set aside the ex-parte order passed in O.S.No.8118 of 2019. 2.It is seen from the typed set of papers the first respondent herein filed a suit for recovery of damages and the petitioners herein arrayed as defendants 9 and 10 were set ex-parte on 11.01.2023 for failure to file written statement. Thereafter, the suit proceeded. It is seen from the e-court status filed in the respondent’s typed set dated 22.01.2026, the issues were framed on 19.06.2023 and after trial and arguments, the suit was posted for delivering judgment on 19.02.2025. The instant application has been filed by the petitioners only on https://www.mhc.tn.gov.in/judis CRP No. 4751 of 2025 __________ Page3 of 5 05.03.2025, after hearing of the suit is over and the matter is posted for delivering judgment. The trial Court dismissed the application mainly on the ground that the petitioners filed the instant application after the case is posted for judgment. 3.The Apex Court in Arjun Singh Vs. Mohindra Kumar and other reported in [ AIR 1964 Supreme Court 993 ] categorically held that Order IX Rule 7 application is not maintainable when the suit is posted for judgment. The application under Order IX Rule 7 to set aside the ex-parte order is maintainable only if the suit is adjourned for “Hearing”. In the case on hand, hearing is over and the suit is posted for delivering judgment. Therefore, as per the law settled by the Apex Court in the above mentioned judgment, the above said application is not maintainable at this stage. The trial Court rightly dismissed the application. I do not find any error in the order passed by the trial Court in I.A.No.5 of 2025 in O.S.No.8118 of 2019. Accordingly, the present Civil Revision Petition stands dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 22-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ep https://www.mhc.tn.gov.in/judis CRP No. 4751 of 2025 __________ Page4 of 5 To 1. XV Additional District Judge, City Civil Court, Chennai. 2. The Secretary to Government Home Department, Fort S.George, Chennai-09. 3. The Director General of Police, Mylapore Chennai 4. The Superintendent of Police Tiruvarur 5. The Inspector of Police Land Grabbing Uit/District Crime Branch, Tiruvarur District. 6. The Inspector of Police Nannilam Police Station, Tiruvarur District. 7. The Inspector of Police Tiruvarur Town Police Station, Tiruvarur District. 8. The District Collector Tiruvarur, Tiruvarur District. 9. The Tahsildar Nannilam Taluk, Tiruvarur District. https://www.mhc.tn.gov.in/judis CRP No. 4751 of 2025 __________ Page5 of 5 S.SOUNTHAR, J. ep CRP No. 4751 of 2025 C.M.P.No.23978 of 2025 22-01-2026 https://www.mhc.tn.gov.in/judis