CRP.Nos. 2469, 2471 & 2475 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

CRP.Nos. 2469, 2471 & 2475 of 2023

and

C.M.P. Nos. 15387, 15388 & 15396 of 2023

R. Mani

.. Petitioner

[In all three CRPs]

Versus

1.S.Balaji

2.Panjali Ammal @ Valliammal

3.M. Lakshmi

4.R.Maya

5.Raghu

.. Respondents

[In all three CRPs]

CRP.No. 2469 of 2023 is filed under Article 227 of the Constitution of India,

prays to set aside the petition docket order in IA.Sr.No. 48156 of 2023 in

I.A.No. 7 of 2023 in O.S.No. 9014 of 2019 dated 27.06.2023 on the file of

the XVII Additional City Civil Court, Chennai.

CRP.No. 2471 of 2023 is filed under Article 227 of the Constitution of India,

prays to set aside the petition docket order in IA.Sr.No. 49140 of 2023 in

I.A.No. 7 of 2023 in O.S.No. 9014 of 2019 dated 27.06.2023 on the file of

the XVII Additional City Civil Court, Chennai.

CRP.No. 2475 of 2023 is filed under Article 227 of the Constitution of India,

prays to set aside the petition docket order in IA.No. 7 of 2023 in O.S.No.

9014 of 2019 dated 23.06.2023 on the file of the XVII Additional City Civil

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CRP.Nos. 2469, 2471 & 2475 of 2023

Court, Chennai.

In all three CRPs:-

For Petitioner

: Mr.S. Sridhar

For Respondents

: Mr.M. Balasubramanian

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COMMON

ORDER

These Civil Revision Petitions have been filed seeking to set aside the

petition docket order in IA.Sr.No. 48156 of 2023 in I.A.No. 7 of 2023 in

O.S.No. 9014 of 2019 dated 27.06.2023, IA.Sr.No. 49140 of 2023 in I.A.No.

7 of 2023 in O.S.No. 9014 of 2019 dated 27.06.2023 and IA.No. 7 of 2023

in O.S.No. 9014 of 2019 dated 23.06.2023 pending on the file of the XVII

Additional City Civil Court, Chennai.

2. Heard the learned counsel for the petitioner as well as the

respondent and perused the materials available on record.

3. On a perusal of the records, it is seen that the 1^st respondent/plaintiff

has filed the suit in O.S.No. 9014 of 2019 before the XVII Additional City

Civil Court, Chennai, directing the defendants to deliver the vacant

possession of the entire premises bearing Door No. 29, Nainiappa Naicken

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CRP.Nos. 2469, 2471 & 2475 of 2023

Street, Chintadripet, Chennai-2, morefully set out in the schedule hereunder

and directing the defendants to pay jointly a sum of Rs.25,000/- damages per

month from 11.09.2019 onwards till such time they surrender vacant

possession. The 3^rd defendant has contested the suit by filing written

statement denying all the averments made in the plaint. During the pendency

of the suit proceedings, the revision petitioner/3^rd defendant has filed I.A.No.

7 of 2023 under Order IX Rule 7 of CPC seeking to set aside the ex-parte

order passed against the 3^rd defendant in the above suit in O.S.No. 9014 of

2019, dated 22.01.2020. After perusing the records, the trial Court passed

orders dated 27.06.2023 and 23.06.2023 on the ground that the petitioner

has not complied with the conditional orders and hence, the applications in

SR.Nos.49140 and 48156 of 2023 and set aside the application in Docket

order in I.A.No. 7 of 2023 have been returned. Aggrieved by the said orders,

the petitioner/3^rd defendant has come forward with the present Civil Revision

Petition.

4. On a further perusal of the records, it reveals that the petitioner is

the 3^rd defendant in the suit and the suit summon was not served on the

petitioner. The suit was posted for petitioner's appearance on 22.01.2020.

On that date, the petitioner was not appeared before the trial Court and

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CRP.Nos. 2469, 2471 & 2475 of 2023

therefore, the petitioner was called absent and set ex-parte. Subsequently, the

petitioner has filed set aside application before the XVII Additional City Civil

Court, Chennai in I.A.No. 7 of 2023 and the same was all