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Madras High CourtA/786/2026allowed

Mrs.Kalaiyarasi And 3 Others v. Mr.Kasthuri And 6 Others

2026-02-13Honourable Mr.Justice P. Dhanabal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 786 of 2026 IN CS No. 366 of 2020 Mrs.Kalaiyarasi and 3 others D/o.Sampath, No.25, 6th Cross St.

M.K.B.Nagar, Ch-39. AND 3 OTHERS Applicant(s) Vs Mr.Kasthuri and 6 others No.37, III Street, Sarangapani Nagar, Madhavaram, Chennai-60. AND 6 OTHERS Respondent(s) For Applicant(s):

M/S.G. Saravanan Sujatha Saravanan D.Prathap For Respondent:

ORDER

This application has been filed by the applicants to set aside the ex parte order dated 05.02.2026 passed against the defendants 3 to 6 in the

above suit.

2. According to the applicants, they are the defendants 3 to 6 in the main suit. This Court passed an order dated 05.02.2026 by setting aside the ex parte order due to non cross examination of the witness PW1. Therefore filed this application.

3. The other side though raised objections.

4. Considering the reasons stated in the affidavit and facts and circumstances of the case, in order to give a chance to the defendants to put forth their defense, it is appropriate to allow this application. Accordingly, this application is allowed.

5. Registry is directed to number the applications for reopen the plaintiff side evidence and recall of PW1.

Post the matter on 18.02.2026.

13.02.2026 mtl

P. DHANABAL, J., mtl A No. 786 of 2026 IN CS No. 366 of 2020 13.02.2026