Subashree v. B.Baburaj

ORDER CRP No. 3431 of 2025 has been filed seeking to Fair and Decreetal Order dated 05.01.2023 in I.A.No.7 of 2022 in I.A.No.5 of 2022 in OS.No.54 of 2022 on file of the Learned Subordinate Judge, Sathyamangalam.

¶2The petitioners herein filed in I.A.No.5 of 2022 in OS.No.54 of 2022 on file of the Learned Subordinate Judge, Sathyamangalam, seeking to set aside the exparte order dated 21.06.2022. On hearing both sides the Trial Court allowed the application with the condition to pay a cost of Rs.500/-. But the petitioners failed to comply with the said order. Hence, the Trial Court dismissed the said application on 13.09.2022. Challenging the same the petitioners filed I.A No. 7 of 2022 in I.A.No.5 of 2022 in OS.No.54 of 2022 praying to restore the I.A.No.5 of 2022 in OS.No.54 of 2022. Upon hearing both sides, the Trial Court dismissed the said Application stating that the petitioners has not complied with conditional order and also petition as such is not maintainable. Challenging the same, the petitioners filed this Civil Revision Petition.

¶3Heard both sides.

¶4On perusal of record, it is seen that the petitioners have failed to comply with the conditional order imposed by the Trial court. However, this Court is inclined to give one more opportunity to the petitioners. Accordingly, the ordered passed by the Trial Court I.A.No.7 of 2022 in I.A.No.5 of 2022 in OS.No.54 of 2022 is set aside. I.A.No.7 of 2022 in I.A.No.5 of 2022 in OS.No.54 of 2022 is allowed with the condition that the petitioners shall pay a cost of Rs. 1,000/- to the respondents within a period of two weeks from the date of receipt of a copy of this order. Further both parties are directed to cooperate with Trial proceedings. No Costs. Pending miscellaneous petition, if any, is/are closed. 13-03-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

¶1The Subordinate Judge, Sathyamangalam.

¶2The Section officer, V. R Section, High Court, Madras. CRPeNo.e3429eofe2025 T.V.THAMILSELVIoJ. oooooooooooooooooooooooooooooooopbl oCRPoNO.o3431oOFo2025o andoCMPoNO.o18711oOFo 2025 13-03-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP NO. 3431 OF 2025 & CMP NO. 18711 OF 2025 1. Subashree W/o. Sivakumar, D.No.207, Bazzar Street, Sathyamangalam, Erode. 2.Sivakumar S/o. Manickam, D.No.207, Bazzar Street, Sathyamangalam, Erode. Appellant(s) Vs 1. B.Baburaj S/o. Baskaran, No.537A Athani Main Road, Near By Kavara Mahal, Sathyamangalm, Erode. 2.Maheshbabu S/o Kuppusamy, Door No.221/267, Sathi Athani main Road, Thuckanaickenpalayam, Vaniputhur Village, Gobichettipalayam, Erode. 3.Amutha W/o. Appusamy, Door. No.138, Market Road, Kembanaickenpalayam Village, Sathyamangalam, Erode. 4.Karnataka Bank Ltd Rep. by its Manager, No.184, Eswaran Kovil Street, Tiruppur. Respondent(s) CRP No. 3431 of 2025 PRAYER To set aside the Fair and Decreetal Order dated 05.01.2023 in I.A.No.7 of 2022 in I.A.No.5 of 2022 in OS.No.54 of 2022 on file of the Learned Subordinate Judge, Sathyamangalam. For Petitioner(s): MR.P.A.Sai Govindaraja For Respondent(s): Mr.K.Krishnan For Rr1 and 2 R-3 And R4 - No Appearance