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2026 DAILYLAW 53600 (MAD)

Nithiyanandan, S/o Late Rajamani alias Ponnusamy v. Krishnasamy (Died)

2026-04-22

T V Thamilselvi

body2026
ORDER : T.V. Thamilselvi, J. Challenging the order passed by the trial Judge in I.A.No.11 of 2025 in O.S.No.135 of 2004 dated 14.11.2025, the present revision has been filed by the 5 th defendant. 2. Before the commencement of the trial, the defendants filed applications seeking to set aside the ex parte orders passed against them on various dates and to receive their written statement. However, the trial Court dismissed the said applications on the ground of enormous delay of about 6 to 9 years on the part of the petitioners. Aggrieved by the same, the present revision has been filed. 3. It is seen that some of the defendants had earlier contested the suit, which resulted in an appeal in A.S. No.64 of 2011, followed by a second appeal in S.A. No.871 of 2017. Thereafter, the matter was remanded back to the trial Court. While some parties continued to contest the proceedings, the present defendant had not participated. 4. As on date, the matter stands remanded, and in order to avoid further complications, particularly in a suit for partition, all parties must be afforded an opportunity to contest the case and protect their rights over the property. Denial of such opportunity would result in serious prejudice to the defendants. Though there is a considerable delay, it is the case of the defendants that they were not properly served with notice and, therefore, could not appear before the Court. It is also relevant to note that the trial has not yet commenced. In such circumstances, the reasons assigned by the trial Court in dismissing the applications are set aside. Accordingly, the interlocutory applications are allowed. 5. The defendants are directed to cooperate with the trial proceedings. The trial Court is further directed to dispose of the suit within a period of four months from the date of receipt of a copy of this order. 6. In the result, this Civil Revision Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.