CRP (PD) No.4530 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

21.06.2023

Pronounced on

28.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN

THILAKAVADI

CRP (PD) No.4530 of 2017

and

CMP.No.21371 of 2017

N.Rangasamy gounder ... Petitioner/ 1^st defendant

Vs.

1.Samiyathal

2.Rajeswari @ Eswari

3.Dhanalakshmi @ Lakshmi

4.Viswanathan

... Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the

Constitution of India seeking to set aside the fair and decreetal order dated

18.09.2017 made in C.M.A.No.10 of 2017 on the file of the learned

Additional District Court, Magalir Neethi Mandram (Fast Track Mahila

Court), Erode confirming the fair and decreetal order dated 16.02.2017 made

in I.A.No.357 of 2016 in O.S.No.65 of 2014 on the file of the learned Sub

Court, Perundurai by allowing this civil revision petition.

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CRP (PD) No.4530 of 2017

For Petitioner

: Mr.N.Manokaran

For RR 1 to R

: Mr.V.Kadhirvelu

For R2, R3 & R4 : No appearance

*****

O R D E R

The revision petition is preferred by the 1^st defendant against the order

dated 18.09.2017 made in C.M.A.No.10 of 2017 on the file of the of the

Additional District Court, Magalir Neethi Mandram (Fast Track Mahila

Court), Erode confirming the fair and decreetal order dated 16.02.2017 made

in I.A.No.357 of 2016 in O.S.No.65 of 2014 on the file of the learned Sub

Court, Perundurai

2.The 1^st respondent/plaintiff filed the suit for partition for the

following relief:

a. To divide the suit properties into 5 equal shares by metes and

bounds and allot 1 such share to the plaintiff separately and deliver

possession of the same to the plaintiff;

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CRP (PD) No.4530 of 2017

b. To appoint a commissioner to divide the suit properties as aforesaid;

c. Granting a permanent injunction restraining the defendants, their

men and agents or any one acting for them or on their behalf from

alienating or encumbering the suit properties till the final partition is

effected;

d. Directing the defendants to pay the costs of the suit to the plaintiff;

e. And granting such other and further reliefs as this Honourable Court

may deem fit and proper in the circumstances of the case and render

justice.

3.The revision petitioner/1^st defendant was called absent and set ex

parte on 24.07.2015 for non appearance. He then filed a petition to set aside

the ex parte decree and the same was dismissed on the ground that the

petitioner failed to comply with the order imposing condition to pay the cost

of Rs.500/- in I.A.No.359 of 2015 filed under Order 9 Rule 7 CPC for setting

aside the ex parte order dated 14.07.2015. The trial Court in the impugned

order has stated that the 1^st defendant who is the appellant in C.M.A.No.10 of

2017 failed to file the written statement on 11.10.2014 on the file of the

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CRP (PD) No.4530 of 2017

learned Sub Judge, Perundurai, in C.M.A.No.10 of 2017 preferred by the

revision petitioner, the learned Additional District Court, Magalir Neethi

Mandram (Fast Track Mahila Court), Erode, passed the following orders:

''7. It is noticed that, this Appellant received the summons

in the suit (date not clearly mentioned in the order of the

trial Court) in the month of June 2014. He failed to file the

written statement till 11.10.2014. The present Appellant/1^st

defendant was set ex parte by the trial Court. This

Appellant/1^st defendant filed petition to set ex parte under

Order 9 Rule 7 of the CPC before the trial Court, that

petition was numbered in I.A.No.359/2015 and was

ordered to be allowed on payment of cost a sum of

Rs.500/- on or before 14.07.2015. The Appellant/1^st

defendant failed to pay the cost and that petition was

dismissed by the trial Court