IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 19.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Jayakodi ... Petitioner Vs.

Maragadham ... Respondent Prayer:- Civil Revision Petition filed under Section 115 of CPC., to set aside the order and decreetal order in I.A.No.01 of 2022 in O.S.No.133 of 2015 on the file of the Additional Sub Court, Krishnagiri and dated

09.08.2023.

For Petitioner in both CRPs : M/s.R.Poornima For Respondent in both CRPs : Mrs.K.Vijayalakshmi for M/s.Dass & Viswa Associates

C O M M O N O R D E R

These Civil Revision Petitions, at the admission stage, are taken up for final disposal since the learned counsel for the respondent is present.

2. The learned counsel for the petitioner submitted that the application to condone the delay in filing the petition to set aside the ex parte decree in the suit for specific performance was allowed on payment of costs of Rs.3,000/- on or before 25.08.2023. Thereafter, the petitioner was provided with extension of time to pay the said costs on or before 28.02.2024. However, the said costs were not paid within the stipulated time, resulting in dismissal of those application. The said orders have been challenged before this Court with delay.

3. Considering that the Trial Court had exercised its discretion in allowing the condone delay application on payment of costs of Rs.3,000/- and extending the time for the same, this Court is not inclined to non-suit the petitioner solely on the ground that the costs were not paid in time. However, the prejudice caused to the respondent on account of the repeated delay on the part of the petitioner requires to be suitably compensated.

4. In the light of the above, these Civil Revision Petitions are allowed on condition that the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the respondent before the Trial Court within a period of two weeks from the date of receipt of a copy of this order. Upon such compliance, the ex parte decree shall stand set aside, and the suit shall be disposed of on merits and in accordance with law, as expeditiously as possible, preferably within a period of nine months. No costs.

19.02.2026 Index : Yes/No Neutral Citation : Yes/No Speaking/Non-Speaking Order kv To The Additional Sub Court, Krishnagiri P.B.BALAJI, J.

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19.02.2026