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2026 DAILYLAW 54095 (MAD)

R.Maheswaran v. R.Marimuthu

CRP/4027/2026 · 2026-07-22

Abdul Quddhose

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 4027 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 4027 of 2026 R.Maheswaran ..Petitioner(s) Vs R.Marimuthu ..Respondent(s) This Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking to set aside the fair and decretal order dated 18.04.2026 made in I.A.No.02 of 2025 in O.S.No.78 of 2025 on the file of the Ld. Additional Sub Court, Tiruchengode. For Petitioner(s): Mr.R.T.Vishnu For Respondent(s): ORDER This Civil Revision Petition (CRP) has been filed challenging the impugned order passed by the Additional Sub-Court, Tiruchengode, in I.A.No.02 of 2025 in O.S.No.78 of 2025, dated 18.04.2026. In the aforesaid order, the trial Court has dismissed the petitioner’s application seeking for Attachment Before Judgment (ABJ) of the property morefully disclosed in the petition schedule. https://www.mhc.tn.gov.in/judis CRP No. 4027 of 2026 __________ Page2 of 4 2. The petitioner is the plaintiff and the respondent is the defendant in the suit O.S.No.78 of 2025, pending on the file of Additional Sub-Court, Tiruchengode. 3. The learned counsel for the petitioner submits that eventhough the respondent/defendant was set exparte by the trial Court both in IA as well as in the suit, the trial Court has dismissed the petitioner’s application despite establishing that the petitioner has satisfied the ingredients of Order XXXVIII Rule 5 of the Code of Civil Procedure (CPC). 4. No useful purpose will be served if notice is ordered to the respondent in this CRP by this Court. Instead, a direction can be issued to the trial Court to dispose of the suit within a time frame to be fixed by this Court. The petitioner contends that the respondent/defendant has been set exparte in the suit on 29.04.2025. Therefore, this Court, after taking note of the fact that the respondent/defendant has been set exparte, directs the Additional Sub-Court, Tiruchengode, to dispose of the suit O.S.No.78 of 2025 within a period of two months from the date of receipt of a copy of this order. With this direction, this Civil Revision Petition is disposed of. No Costs. 22-07-2026 Neutral Citation: Yes/No RKM https://www.mhc.tn.gov.in/judis CRP No. 4027 of 2026 __________ Page3 of 4 To Additional Sub-Court, Tiruchengode. https://www.mhc.tn.gov.in/judis CRP No. 4027 of 2026 __________ Page4 of 4 ABDUL QUDDHOSE, J. RKM CRP No. 4027 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis