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2026 Supreme(Online)(Mad) 18886

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
N.Thilagavathi – Appellant
Versus
S.Sureshkumar – Respondent
CIVIL REVISION PETITION | C.M.P.No.9870 of 2019



Important Points

Failure to prosecute a case diligently can lead to dismissal of the petition.

Subject

Civil Law - Procedural Law

Headnote

The Civil Revision Petition arises from a dismissal for default of the original suit with interim orders. The petitioners argue that the respondent failed to diligently prosecute the case, leading to the dismissal. The court finds merit in this submission and allows the revision petition, resulting in no costs and closing connected petitions.

Advocates:
For the Appellants/Petitioners: Mr.N.Manokaran
For the Respondents: Not ready in notice

Table of Content
1. civil revision petition filed to set aside dismissal. (Para 1 , 2)
2. court observes lack of diligence in prosecution. (Para 3)
3. court allows civil revision petition and closes connected petitions. (Para 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-03-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P.No.9870 of 2019

1. N.Thilagavathi

2. N.Nataraj ..Petitioner(s)

Vs S.Sureshkumar ..Respondent(s)

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the Fair and Decreetal order 22/02/2019 made in I.A.No.55/2018 in CMA.CFR.No.7973/2017 on the file of the learned Sub Court, Kangayam.

For Petitioner(s): Mr.N.Manokaran For Respondent(s): Not ready in notice

ORDER

The present Civil Revision Petition has been filed to set aside the Fair and Decreetal order 22.02.2019 made in I.A.No.55/2018 in CMA.CFR.No.7973/2017 on the file of the learned Sub Court, Kangayam.

2. The learned counsel for the petitioner would submit that the suit in which the interim orders have been passed, had been dismissed for default on

22.01.2025 and it is also stated that no restoration petition has been filed.

3. This would show that the plaintiff in the suit/respondent is not diligent enough in prosecuting the same.

4. As the suit itself was dismissed for default, the present Civil Revision Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

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