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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
P. Kalaiselvi W/o Prabhakaran, D/o Dhanasekaran, Pelapore Village, Maiyur Post, Maduranthakam Tk, Kancheepuram Dt – Appellant
Versus
V. Dhanasekaran S/o Balurama Naicker, Bhudur Village, Maduranthagam Tk, Kancheepuram Dt – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the court over the petition. (Para 2) |
| 2. context of the partition suit and history. (Para 3) |
| 3. arguments regarding the respondents' age and communication. (Para 4) |
| 4. assessment of the delay and its justification. (Para 6) |
| 5. conclusion and directive for trial completion. (Para 7) |
ORDER
This Civil Revision Petition has been filed against the fair and final order dated 31.07.2023 passed in IA.No. 339 of 2016 in OS.No. 432 of 2008 on the file of the Additional District Judge, Kancheepuram at Chengalpattu.
2. The brief facts of the case:
The petitioners herein filed OS No.432 of 2008 against their father on the file of the Additional District Judge, Kancheepuram, Chengalpattu, for partition. Despite issuing notice, the defendants remained exparte. Consequently, the Trial Court passed preliminary decree and to execute the preliminary decree the petitioners filed final decree application. While pending proceedings, first defendant filed a petition to set aside the exparte decree with the delay of 430 days stating that he misplaced the case papers while taking copy in xerox shop and due to lack of communication he was not able to follow the proceedings. Hence
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