CRP/2235/2026 of Dakshnamurthy Vs Elumalai
CRP Nos. 2235 & 2284 of 2026
and CMP Nos.9714 & 9895 of 2026
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Page1 of 5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP Nos. 2235 & 2284 of 2026
AND
CMP Nos. 9714 & 9895 of 2026
Dakshnamurthy
S/o.Pichamuthu,
Ulakudaiyampattu Village, Sankarapuram Taluk,
Kallakurichi District.
..Petitioner(s)
Vs
1. Ealumalai
S/o.Pichamuthu,
Ulakudaiyampattu Village,
Sankarapuram Taluk,
Kallakurichi District.
Pichamuthu (Died)
2. Danapal
S/o.Pichamuttu,
Ulakudaiyampattu Village, Sankarapuram
Taluk,
Kallakurichi District.
3. Alakammal
W/o. Raman
Ulakudaiyampattu Village,
Sankarapuram Taluk,
Kallakurichi District.
..Respondent(s)
https://www.mhc.tn.gov.in/judis
CRP Nos. 2235 & 2284 of 2026
and CMP Nos.9714 & 9895 of 2026
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Page2 of 5
COMMON PRAYER : Civil Revision Petitions are filed under Article 227 of
the Constitution of India, to set aside the order and decreetal order passed in
I.A. No. 364 & 365 of 2025 in OS No. 163 of 2009 dated 06.02.2025 on the file
of the District Munsif Court, Sankarapuram.
In both CRPs :
For Petitioner(s): Mr.V.Gunasekar
COMMON ORDER
Challenging the impugned order passed in I.A. No. 364 & 365 of 2025 in
OS No. 163 of 2009 dated 06.02.2025 on the file of the District Munsif Court,
Sankarapuram, the third defendant has come forward with this revision.
2. The learned counsel for the revision petitioner submits that against him
and others, the plaintiff has filed a suit for partition. He came to know that on
11.12.2023 there was a ex parte order passed. Since he is a driver of Tata Ace
van, he was not able to follow the proceedings. Due to lack of communic ation,
he was not able to file written statement on time and there is a delay of 292
days. But the court below failed to condone the delay and erroneously dismissed
the application. As on date, a preliminary decree was passed and IA is pending
for passing of final decree. At this stage, the third defendant has pr esented this
application.
3. Admittedly, in a partition suit, all the co-sharers are necessa ry party.
The third defendant is one of the brother of other co-sharers he is having right to
contest the matter. One more opportunity to the third defendant is j ust and
https://www.mhc.tn.gov.in/judis
CRP Nos. 2235 & 2284 of 2026
and CMP Nos.9714 & 9895 of 2026
__________
Page3 of 5
necessary in order to prove his claim over the property otherwise it will lead to
multiplicity of proceedings. Therefore, this court is inclined to give one more
opportunity and the order passed by the trial judge is set aside. He is directed to
pay a sum of Rs.2,000/- before the trial court within three weeks from the date
of receipt of a copy of this order. Since the suit was filed in the year 2009 and
others also remained ex parte, therefore, in order to give one more opportunity.
as he is also having a share in the property, the findings of the tri al court is set
aside. The trial court is directed to proceed with the matter. The revision
petitioner shall contest the case in OS No.163 of 2009 and deposit the cost and
on such deposit, the ex parte decree passed is ordered to be set a side and
directed to pay a cost within three weeks from the date of rec eipt of a copy of
this order to the respondents or to the court.
4.Accordingly, these Civil Revision Petitions are allowed. The impugned
order dated 06.02.2025 passed in I.A. No. 364 & 365 of 2025 in OS No. 163 of
2009 on the file of the District Munsif Court, Sankarapuram, are set a side. No
costs. Consequently, the connected Civil Miscellaneous Petitions are closed.
20-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MTL
https://www.mhc.tn.gov.in/judis
CRP Nos. 2235 & 2284 of 2026
and CMP Nos.9714 & 9895 of 2026
__________
Page4 of 5
To
1. The District Munsif Court, Sankarapuram.
https://www.mhc.tn.gov.in/judis
CRP Nos. 2235 & 2284 of 2026
and CMP Nos.9714 & 9895 of 2026
__________
Page5 of 5
T.V.THAMILSELVI J.
MTL
CRP Nos. 2235 & 2284 of 2026
AND
CMP Nos. 9714 & 9895 of 2026
20-04-2026
https://www.mhc.tn.gov.in/judis