Nithiyanandan v. Krishnasamy (Died), 1. Vasanthi

ORDER Challenging the order passed by the trial Judge in I.A.No.11 of 2025 in O.S.No.135 of 2004 dated 14.11.2025, the present revision has been filed by the Page10 of 12 5th defendant.

¶2Before the commencement of the trial, the defendants filed applications seeking to set aside the ex parte orders passed against them on various dates and to receive their written statement. However, the trial Court dismissed the said applications on the ground of enormous delay of about 6 to 9 years on the part of the petitioners. Aggrieved by the same, the present revision has been filed.

¶3It is seen that some of the defendants had earlier contested the suit, which resulted in an appeal in A.S. No.64 of 2011, followed by a second appeal in S.A. No.871 of 2017. Thereafter, the matter was remanded back to the trial Court. While some parties continued to contest the proceedings, the present defendant had not participated.

¶4As on date, the matter stands remanded, and in order to avoid further complications, particularly in a suit for partition, all parties must be afforded an opportunity to contest the case and protect their rights over the property. Denial of such opportunity would result in serious prejudice to the defendants. Though there is a considerable delay, it is the case of the defendants that they were not properly served with notice and, therefore, could not appear before the Court. It is also relevant to note that the trial has not yet commenced. In such circumstances, the reasons assigned by the trial Court in dismissing the Page11 of 12 applications are set aside. Accordingly, the interlocutory applications are allowed.

¶5The defendants are directed to cooperate with the trial proceedings. The trial Court is further directed to dispose of the suit within a period of four months from the date of receipt of a copy of this order.

¶6In the result, this Civil Revision Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 22-04-2026 Index: Yes/No Speaking/Non-speaking order MPA To

¶1The District Munsif Court of Gudiyattam, Vellore District.

¶2The Section Officer, V.R.Section, High Court, Madras. Page12 of 12

T.V.THAMILSELVI, J. MPA and CMP.No.10312 of 2026 22-04-2026

Page1 of 12 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.10312 of 2026 Nithiyanandan S/o Late Rajamani alias Ponnusamy, No 5, Pillaiyarkovil Street, Durga Nagar, Sanatorium, Tambaram, Chennai 600 047 ..Petitioner(s) Vs 1. Krishnasamy (Died), 1. Vasanthi W/o Kannan, Mosque Street, Katpadi Tk, Vellore Dist. 2. Viswanathan S/o. Late Krishnasamy, 4th Cross Street, Bangalore 3. Selvam S/o. Late Krishnasamy, No.29, 2nd Main Road, Hoyasala Nagar, Bangalore 4. Shamalanathan S/o. Late Krishnasamy, No.63, Bharathi Nagar, Kaniyambadi Village and Post, Vellore Taluk, Ponnusamy (Died) Kanthammal (Died) Kanniyappan (Died) Page2 of 12 5. Kannammal W/o. K.Sundaram, No.30, C.T.M.Street, Gopalapuram, Gudiyatham Taluk, 6. Govindammal W/o. Munirathinam, Kuttlavaripalli Village and Post, Gudiyatham Taluk, 7. Munirathinam S/o. Jeyarani, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 8. Chandirasekar S/o. Munirathinam, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 9. Meera D/o. Munirathinam, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 10.Selvakumar S/o. Munirathinam, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, Saradhammal (Died) Page3 of 12 11.Saibaba S/o. Late Kanniyappan, Lakshmanapuram Village, Kallur Post, Gudiyattam Taluk, 12.Thulasi S/o. Late Kanniyappan, Lakshmanapuram Village, Kallur Post, Gudiyattam Taluk, 13.Subramani S/o. Late Kanniyappan, Lakshmanapuram Village, Kallur Post, Gudiyattam Taluk, 14.Susila D/o. Late Kanniyappan, Lakshmanapuram Village, Kallur Post, Gudiyattam Taluk, 15.Mohan S/o. Late Kanniyappan, Lakshmanapuram Village, Kallur Post, Gudiyattam Taluk, 16.Kannappan S/o. Late Balaraman, No.17/15, V.O.C.Street, Tharapadavedu Village, 17.Mahalakshmi Page4 of 12 D/o. Late Balaraman, W/o. Kanniyappan, Lakshmanapuram Village, Kallur Post, Gudiyattam Taluk, 18.Stella W/o. Late Somu, No.17/15, V.O.C.Street, Tharapadavedu Village, 19.Vijaya D/o. Late Somu, No.17/15, V.O.C.Street, Tharapadavedu Village, 20.Vanitha D/o. Late Somu, No.17/15, V.O.C.Street, Tharapadavedu Village, 21.Vidhya D/o. Late Somu, No.17/15, V.O.C.Street, Tharapadavedu Village, 22.Santhi D/o. Late Somu, No.17/15, V.O.C.Street, Tharapadavedu Village, 23.Retta Page5 of 12 D/o. Late Somu, No.17/15, V.O.C.Street, Tharapadavedu Village, 24.Maha D/o. Late Somu, No.17/15, V.O.C.Street, Tharapadavedu Village, 25.Renuka W/o. Late Munisamy, No.17/15, V.O.C.Street, Tharapadavedu Village, 26.Thilagavathi D/o. Late Munisamy, No.17/15, V.O.C.Street, Tharapadavedu Village, 27.Pavithra D/o. Late Munisamy, No.17/15, V.O.C.Street, Tharapadavedu Village, 28.Arunkumar S/o. Late Munisamy, No.17/15, V.O.C.Street, Tharapadavedu Village, 29.Indira W/o. Late Anbu, Page6 of 12 No.17/15, V.O.C.Street, Tharapadavedu Village, 30.Jayakumar S/o. Late Anbu, No.17/15, V.O.C.Street, Tharapadavedu Village, 31.Dasarathan S/o. Late Periyappa Gounder, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 32.Subramani S/o. Late Periyappa Gounder, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 33.Sivagami W/o. Late Damodharan, Karasamangalam Village and Post, Latheri Via, 34.Neelamegam S/o. Late Damodharan, Karasamangalam Village and Post, Latheri Via, Thaniga (Died) 35.Selvi D/o. Late Damodharan, Karasamangalam Village and Post, Latheri Via, Page7 of 12 36.Ammulu D/o. Late Krishnamoorthy, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 37.Sheela D/o. Late Krishnamoorthy, Melvadugan Kuttai Village, Karasamangalam Post, Latheri Via, 38.Gopi S/o. Late Krishnamoorthy, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 39.Vaidegi D/o. Late Krishnamoorthy, Melvadugankuttai Village, Karasamangalam Post, Latheri Via, 40.Suseela W/o. Late Thaniga, Karasamangalam Village and Post, Latheri Via, 41.Iyappan S/o. Late Thaniga, Karasamangalam Village and Post, Latheri Via, 42.Subramani Page8 of 12 S/o. Late Thaniga, Karasamangalam Village and Post, La