Selvaraj Vs Prem Anand

Selvaraj vs Prem Anand

Type Court Judgment Court Chennai Decided Feb 25, 2026

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https://sooperkanoon.com/case/1414004

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Citation: sooperkanoon.com/1414004
Court: Chennai High Court
Judge: Honourable Mr.Justice P.B. Balaji
Decided On: Feb 25, 2026
Case Number: CRP/393/2026

Parties & Advocates

Appellant / Petitioner

Selvaraj

Respondent

Prem Anand

Excerpt

.....of 2025 in i.a.no.48 of 2022 in unnumbered a.s.. on the file of principal district court, cuddalore. for petitioner(s): t.sezhian for respondent(s): m/s.s.p.harikrishnan for r.3 r.1 - no appearance r2- diedorderheard mr.t.sezhian, learned counsel for the petitioner and mr.s.p.harikrishnan, learned counsel for the third respondent.2. the revision petition has been filed on account of dismissal of an application for default in not paying the costs.3. according to the learned counsel for the petitioners, it is not a case where the costs was not paid, but it was wrongly paid and not in line with the directions issued by the trial court.4. in the light of the above, considering that the delay was only 3 days, i aminclined to allow the revision. however, the delay and prejudice caused to the respondents have to be suitably compensated. the petitioner is directed to pay total cost of rs.3,000/-(rupees three thousand only) which , in fact, has been handed over to the learned counsel for the respondents in open court.5. the revision petition is allowed and the order passed in i.a.no.9 of 2025 is set aside. the first appeal shall be decided on merits and in accordance with law, on or before 31.03.2026. sr index:yes/no website:yes/nospeaking order/non-speaking orderp.b.balaji.,j sr

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

1. Selvaraj S/o. Athimoolam, 37A, Pillaiyar Koil Street, Puzhamalainathar Nagar, Ayyarmadam Street, Kaspa Vridhachalam, Vridhahalm Tk. and another

2. Sangeetha

D/o. Selvaraj, Balaji Nagar, 13, Aarey Milk Colony, Gargaon East, Mumbai-65. Rep. by Power Agent, Selvaraj, S/o. Athimoolam, 37A, Pillaiyar Koil Street, Puzhamalainathar Nagar, Ayyarmadam Street, Kaspa Vridhachalam, Vridhahalam Petitioner(s) Tk. Vs

1. Prem Anand

S/o. Selvaraj, Eluppaiyur Village, Ulundurpet Circle, Kallakurichi District. Rep. by Power Agent, Vairamuthu, S/o. Kuppusamy, 110, North Street, Ko.Aathanur, Vridhachalm Tk, Cuddalore District.

2.Dhandapani, S/o. Gopal, 65, Emaper Colony, Kallakurichi Tk and District. 3.N.R.Venkatesan, S/o. Rajavel, Vayalur Village, Vridhachalam Tk. Respondent(s) Civil Revision Petition filed under Section 115 of Civil Procedure Code against the fair and decreetal orders dated 19.08.2025 passed in I.A.No.124 of 2025 in I.A.No.9 of 2025 in I.A.No.48 of 2022 in unnumbered A.S.. on the file of Principal District Court, Cuddalore. For Petitioner(s): T.Sezhian For Respondent(s): M/s.S.P.Harikrishnan for R.3 R.1 - No appearance R2- Died

ORDER

Heard Mr.T.Sezhian, learned counsel for the petitioner and Mr.S.P.Harikrishnan, learned counsel for the third respondent.

2. The revision petition has been filed on account of dismissal of an application for default in not paying the costs.

3. According to the learned counsel for the petitioners, it is not a case where the costs was not paid, but it was wrongly paid and not in line with the directions issued by the trial Court.

4. In the light of the above, considering that the delay was only 3 days, I am

inclined to allow the revision. However, the delay and prejudice caused to the respondents have to be suitably compensated. The petitioner is directed to pay total cost of Rs.3,000/-(Rupees Three Thousand Only) which , in fact, has been handed over to the learned counsel for the respondents in open court.

5. The revision petition is allowed and the order passed in I.A.No.9 of 2025 is set aside. The first appeal shall be decided on merits and in accordance with law, on or before 31.03.2026. sr Index:yes/no Website:yes/no

Speaking Order/Non-Speaking Order

P.B.BALAJI.,J sr

Same Court & Year Chennai · 2026 Same Parties Selvaraj vs Prem Anand Same Judge Honourable Mr.Justice P.B. Balaji