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2025 DAILYLAW 6270 (MAD)

K.KANDHASAMY GOUNDER v. K.PALANISAMY GOUNDER

CRP/2558/2025 · 2026-06-05

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 2558 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2558 of 2025 and CMP No.14560 of 2025 1. K.Kandhasamy Gounder S/o. Karuppanagounder No.11, Undarapatti, Ayyangadu, Dharapuram Taluk, Tiruppur District Petitioner(s) Vs 1. K.Palanisamy Gounder Undarapattai Post, Thasanaicken Patti, Dharapuram Taluk, Tiruppur Dist. Respondent(s) Revision Petition filed under Section 115 of Civil Procedure Code to set aside the order dated 11.03.2025 in I.A.No.1 of 2024 in O.S.No.358 of 2021 on the file of District Munsif Court, Dharapuram, Tirupur District. For Petitioner : Mr.S.Vigneshwaran ORDER Before the trial Court, the defendant filed an application in I.A.No.1 of 2024 to condone the delay of 365 days in filing the petition to set aside the exparte decree. The petition was allowed by the trial Court on cost of Rs.1,000/- payable to DLSA, Tiruppur on or before 17.02.2025. The cost was not paid. Therefore, the trial Court dismissed the petition for non-compliance of the order. Aggrieved by the same, the defendant has preferred the above revision. 1/2 https://www.mhc.tn.gov.in/judis CRP No. 2558 of 2025 T.V.THAMILSELVI.,J sr 2. Heard the learned counsel for the petitioner. 3. Considering the fact that the revision petitioner/defendant is aged at 74 years, to give one more opportunity to the revision petitioner/defendant, two weeks time is granted to the revision petitioner/defendant from today to pay the cost of Rs.1,000/-. (Rupees One Thousand Only). 4. After the said payment, the revision petitioner/defendant is directed to file written statement and proceed with the trial. On filing written statement, the trial Court is directed to dispose of the suit in O.S.No.358 of 2021 as expeditiously as possible. 5. With the above direction, the civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 05.06.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order To The District Munsif Court, Dharapuram CRP No.2558 of 2025 2/2 https://www.mhc.tn.gov.in/judis